R v Paul
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1952 |
Date | 01 January 1952 |
Court | Court of Criminal Appeal (Northern Ireland) |
Person in charge of motor car under the influence of drink - Circumstances constituting "in charge of" motor car -Motor Vehicles and Road Traffic Act (Northern Ireland), 1934 (24 25 Geo. 5, c. 15), s. 2.
The appellant was indicted for having been found in charge of a motor car under the influence of drink contrary to s. 2 of the Motor Vehicles and Road Traffic Act (Northern Ireland), 1934. At the material time the car was incapable of being started owing to the condition of the battery. The appellant's case was that he was neither the owner nor the driver of the car and that when he was found sitting therein he was merely awaiting the return of the driver who had gone for assistance. It was admitted that the car was on a journey in connection with the appellant's business and that he had been alone in the car for about three quarters of an hour before the car was found by the police. Held, (i) that a vehicle is a motor car within the meaning of the statute...
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