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High Court refuses to quash convictions for road traffic offences imposed in the District Court, including a driving disqualification (which was subsequently altered by a decision of the Court of Appeal), on the grounds that: 1) the doctrine of res judicata does apply to the decision of the Court of Appeal in its refusal to grant an order quashing the entirety of the order made by the District Judge; and 2) it is not open to the applicant, having obtained an order for which he applied, to come back to the Court by way of a new application for judicial review to seek an order quashing what remains of the order of the District Court, on the grounds that the very order that he obtained has now rendered the remainder of the order of the District Court invalid.
Criminal law – judicial review – application to quash convictions for road traffic offences – s. 38 of the Road Traffic Act, 1961 (as substituted by s. 12 of the Road Traffic Act, 2006) – applicant pleaded guilty to driving while deemed disqualified and driving without insurance – whether the effect of the order of the Court of Appeal is to render the District Court order bad for want of jurisdiction – whether judicial review proceedings are an attack on a Court of Appeal decision – res judicata – doctrine of res judicata does apply to the decision of the Court of Appeal in its refusal to grant an order quashing the entirety of the order made by the District Judge – judicial review refused.
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