Wrong date on summons

Barryphelo

Recently got a summons for a driving offence, took the letter to my solicitor and he requested the full prosecution file. The date of the alleged offense as written on the summons is 16/07/13 - the actual date the incident occurred on was the 15/07/13 and this is the date on all the witness statements etc....
Wondering is this valid reason to get case dismissed?? - i am being summoned to court for an offense that i didn't commit that date (although i may have committed it the day before).....

Santa Cruz

If the Garda gives evidence and states the wrong day then the case can be dismissed. However if the mistake is noticed before the court he can apply to have the summons amended

Barryphelo

In the Garda's written statement he has written the wrong date - he actually says something like ' i came on duty 16/07/13 and investigated the following.... - whereas the date should have been the previous day...- If i go to court on the day it is due for hearing could i then not inform the judge i have been summoned for something i didn't do that date???

GerardKeating

Barryphelo wrote: »

In the Garda's written statement he has written the wrong date - he actually says something like ' i came on duty 16/07/13 and investigated the following.... - whereas the date should have been the previous day...- If i go to court on the day it is due for hearing could i then not inform the judge i have been summoned for something i didn't do that date???

At which point the Judge might helpfully amend the summons to the correct date.

Pro Hoc Vice

GerardKeating wrote: »

At which point the Judge might helpfully amend the summons to the correct date.

Came across this very point a number if times. To the best of my knowledge there is no definitive answer from the a Higher Courts, but I have seen one Circuit Judge so amend during the proceedings and another refuse to do so, both on their reading of Order 38.

"1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter."

The second decision was based on the bit in bold, where the Judge held any amendment must be made before the matter has started to be heard.

Fred Swanson

This post has been deleted.

ebbsy

I was in court once and somebody was up for drink driving. Garda read out the wrong circumstances and the case was dismissed.

Judge said "this is your lucky day"...........

ebbsy

GerardKeating wrote: »

At which point the Judge might helpfully amend the summons to the correct date.

He c'ant.