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GAZETTE

SEPTEMBER 1990

PEARSE TRUST

9ifhem, orUy, the éeU wiM

do

Pearse Trust is the leading independent company secretarial practice in Ireland. Since our

establishment in 1984, we have developed an extensive portfolio of national and international

clients. These include public companies, private companies, semi-state organisations, trade and

professional associations, solicitors, accountants and individuals.

Our services include:-

*

Acting as secretary and registrar.

*

Advising on the legislation and arrangements necessary for the

holding of directors and general meetings.

*

Preparation of statutory returns prescribed under the Companies Acts.

*

Maintaining theminute book and statutory registers.

*

Advising on the implications of existing and new legislation.

*

Assistance with stamp and capital duty mitigation schemes.

If you would like to know more about our services please forward your business card

or contact Peter Fogarty.

D O L L A R D H O U S E , W E L L I N G T ON Q U A Y , D U B L I N 2.

T E L E P H O N E : (01) 6791384/5/6; F A C S I M I L E : (01) 6796470.

appeal) inR.

-v-

Richards [1975]

I W.L.R. 131 where again the

prosecution brought in Back

Calculations.

However S.18 of 1978 Irish

Act is an effort to make these

back calculations difficult to

sustain a defence.

Section 18 reads as follows:-

" (1) On the hearing of a charge

for an offence under section

49 or 50 of the Principal

Act, it shall not be neces-

sary to show that the de-

fendant had not consumed

intoxicating liquor after the

time when the offence is

alleged to have been

committed but before the

taking of a specimen under

Sections 13, 14 or 17.

(2) Where, on the hearing of a

charge for an offence under

Section 49 or 50 of the

principal Act, evidence is

given by or on behalf of the

defendant that, after the

time when the offence is

alleged to have been com-

mitted but before the taking

of a specimen under

Section 13, 14, or 17, he

had consumed intoxicating

liquor, the court shall

disregard the evidence

unless satisfied by or on

behalf of the defendant:-

(a) that but for that con-

sumption the concentration

of alcohol in the de-

fendant's blood (as speci-

fied in a certificate under

Section 22) would not have

exceeded a concentration

of 100 milligrammes of

alcohol per 100millilitres of

blood, or

(b) that but for that con-

sumption the concentration

of alcohol in the defend-

ant's urine (as specified in

a certificate under Section

22) would not have exceed-

ed a concentration of 135

milligrammes of alcohol per

100 millilitres of urine.

(3)(a) A person shall not take or

attempt to take any action

(including consumption of

alcohol, but excluding a

refusal or failure to provide

a specimen of his breath or

blood) with the intention of

frustrating a prosecution

under Section 49 or 50 of

the Principal Act.

(b) A person who contravenes

this subsection shall be

guilty of an offence and

liable on summary con-

viction to imprisonment for

a term not exceeding six

months or, at thediscretion

of the court, to a fine not

exceeding £500, or to both.

(4) Where, on the hearing of a

charge for an offence under

Section 49 or 50 of the

Principal Act, the court is

satisfied that any action

taken by the defendant (in-

cluding consumption of

alcohol but excluding a

refusal or failure to provide

a specimen of his breath,

blood or urine) was so taken

with the intention of

frustrating a prosecution

under those sections, the

court may find himguilty of

an offence under sub-

section (3)".

Section 18 goes further in

two respects:-

(i) By providing a prohibition

on taking or attempting to

take any action, including

the consumption of any

alcohol, with the intention

of frustrating a prosecution

- Subsection (3). To so do

is an offence.

2 53