The Gazette 1990

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

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.

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

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