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Appeal to Circuit Court of road traffic conviction more appropriate than judicial review
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High Court refuses judicial review of conviction for driving without an approved insurance policy in the District Court - when eroneous evidence was given of a previous conviction for the same offence - on the grounds that the applicant had displayed a lack of candour, had acquiesced in the previous conviction being raised in evidence at the hearing, and had not pursued a more appropriate avenue of redress by appealing to the Circuit Court.
Criminal law – whether hearing of District Court offence of driving without an approved policy of insurance was in the due course of law – s. 56 of the Road Traffic Act 1961, as amended – sentence imposed on the applicant was based on a fundamental mistake that the applicant having a previous conviction for driving with no insurance - duty of prosecution in relation to investigating previous convictions – 8.14 of the Director of Public Prosecutions’ ‘Guidelines for Prosecutors’ (2007) – s. 18 of the Prevention of Crimes Act 1871 – new grounds raised by the applicant and lack of candour – S.I. 691 of 2011 - Rules of the Superior Court, O. 84 (20)(3) – failure by an applicant to be accurate with all the facts was a key factor – acquiescence – applicant cannot store up a point and then seek to rely on it at a later stage, having failed to raise it in the District Court – failure to avail of alternative remedy – lack of candour would require this court to exercise its discretion to refuse the relief – error could have been corrected on appeal – relief refused.
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