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Walshe v O'Malley

Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1944
Date01 January 1944
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Walshe
and
O'Malley

Control of Motor Fuel (N.I.) Order, 1943 - Defendant resident in Northern Ireland - Petrol acquired in Eire -Affirmative proof of illegal acquisition lacking.

W., a District Inspector of the Royal Ulster Constabulary, charged O'M. with an offence under the Control of Motor Fuel (N.I.) Order, 1943, Stat. R. and Or. No. 1175, paragraph 1 (b)on a summons that O'M., being resident in Northern Ireland, had acquired petrol otherwise than against the surrender of valid coupons. O'M's. car was registered in Eire and he was stopped while driving it in Northern Ireland by a sergeant of police, who asked him where he obtained his petrol. O'M. told the sergeant that he got it in Eire, but, on being asked for his Eire Bond, in order that this statement might be verified, he refused to produce it. The Resident Magistrate dismissed the summons on the ground that the prosecution had failed to prove affirmatively that the petrol was...

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