No defect in summons in relation to location of road traffic incident

Criminal law – judicial review – certiorari to quash order which affirmed conviction imposed in the District Court – driving while under the influence of intoxicating liquor – appellant’s van had overturned on the highway and come to rest in a ditch opposite the entrance of a housing estate – at conclusion of evidence, appellant submitted that the case should be dismissed because the evidence had not disclosed that the accused had been driving at the location specified – appeal judge ruled against defence submission and proceeded to affirm conviction imposed in the District Court – whether there was a clear defect in the summons in relation to the location – whether judge erred in failing to amend the summons and therefore dealt with the matter without jurisdiction – clear that there was no misdescription of the location of the alleged offence in the summons – judge was entitled to reach that conclusion – refusal of reliefs sought.