swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Road Traffic - From: 1994 To: 1994
This page lists 25 cases, and was prepared on 02 April 2018.
Regina v Pimm [1994] RTR 391
1994
Crime, Road Traffic
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death.
1 Citers
Director of Public Prosecutions v Crofton [1994] RTR 279
1994
Curtis J
Road Traffic
The court identified three elements to be taken into account to see whether a defendant's failure to provide a specimen of breath when required to do was reasonable: "(i) the need for evidence of physical or mental incapacity to provide the specimen; (ii) that medical evidence would normally be required to support such a claim . . and lastly (iii) to the necessary causative link between the physical or mental conditions and the failure to provide the specimen."
1 Citers
Nottingham City Council v Wooding [1994] RTR 72
1994
Road Traffic
Metropolitan Police Public Carriage Act 1869 7
1 Citers
Selby (Justin) v Director of Public Prosecutions; QBD 1994 - [1994] RTR 157
Regina v Shepherd; Regina v Wernet; Attorney General's References Nos. 14 and 24 of 1993; CACD 26-Jan-1994 - Ind Summary, 31 January 1994; Gazette, 02 February 1994; Gazette, 26 January 1994; [1994] 15 CAR (S) 640
Williams v Director of Public Prosecutions (and 3 Other Appeals) Independent, 02 February 1994
2 Feb 1994
QBD
Road Traffic
Constable to ask reason why specimen should not be taken under 7(4).
Road Traffic Act 1988 7(4)
Director of Public Prosecutions v Nesbit; Director of Public Prosecutions v Duffy etc; QBD 2-Feb-1994 - Times, 02 February 1994; Gazette, 02 March 1994
Stovin v Wise (Norfolk City Council, 3rd party) Times, 08 March 1994; Gazette, 13 April 1994; [1994] 3 All ER 467; [1994] 1 WLR 1124
16 Feb 1994
CA
Nourse, Kennedy and Roch L.JJ
Negligence, Road Traffic
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view. Held: The Highway Authority could be liable in negligence for failing to achieve a remedy to a situation which it knew to be dangerous, but that no additional duty was owed, under its statutory duty to maintain the highway, to execute works on private land. Kennedy LJ "I agree with the judge that the statutory duty to maintain the highway does not extend to work on land not forming part of the highway. There is no definition of highway in the Act of 1980 beyond that in section 328(1), where it is defined as meaning 'the whole or a part of a highway, other than a ferry or waterway,' but the common law definition is that a highway is a way over which there exists a public right of passage. It seems to me that despite what is contained in the other statutory provisions to which we have been referred it would be stretching the meaning of both 'highway' and 'maintain' if this court were to say that in order to comply with its duty to maintain the highway authority had to remove an obstruction to visibility situated on adjoining land. In my judgment sections 79 and 154 are merely sections which enable the highway authority to carry out functions which go beyond the scope of section 41. Accordingly I conclude that the judge was right not to find any relevant breach of statutory duty."
Highways Act 1980 41(1) 328(1)
1 Cites
1 Citers
[ lip ]
Regina v Johnson (Tony); CACD 24-Feb-1994 - Ind Summary, 14 March 1994; Gazette, 30 March 1994; Times, 24 February 1994
Learmont v Crown Prosecution Service; QBD 1-Mar-1994 - Times, 01 March 1994
Director of Public Prosecutions v Johnson Times, 15 March 1994
15 Mar 1994
QBD
Road Traffic
'Consuming alcohol' includes consumption by injection inhalation patch etc.
Road Traffic Act 1988 5(1)
Rush v Director of Public Prosecutions Times, 30 March 1994
30 Mar 1994
QBD
Road Traffic
Justices should acquit if the police had dissuaded defendant from providing an alternative specimen.
Director of Public Prosecutions v Radford Times, 05 April 1994
5 Apr 1994
QBD
Road Traffic
Justices to seek guidance from clerk on failing to provide specimen of breath.
Small v Director of Public Prosecutions Times, 11 April 1994
11 Apr 1994
QBD
Road Traffic
The 'Permissible maximum weight' of a vehicle train is the aggregate marked gross weight of the van and the trailer.
Transport Act 1968 97-1-a
Post Office v Richmond Upon Thames London Borough Council Times, 17 May 1994
17 May 1994
QBD
Road Traffic
A criminal penalty may still follow from the operator of a goods vehicle breaking the conditions of an access permit even though there was also a procedure to allow the revocation of permits for their misuse.
Road Traffic Regulation Act 1984 8(1)
Regina v Murray Ind Summary, 11 July 1994; Times, 24 June 1994; [1995] RTR 239
10 Jun 1994
CACD
Evidence, Road Traffic
If one defendant claims a defence of duress from fear of the other's driving, the other driver's driving convictions are relevant and can be admitted in evidence. Evidence of the convictions of the other driver should have been admitted even though he did not give evidence because they were relevant. Knowledge of his character might well have coloured the jury's deliberations and bolstered the credibility of Murray's account. Unless there is simply no nexus whatever between the previous convictions sought to be adduced and the offence alleged against the accused, they should be admitted and admitted in these particular circumstances without any nice distinctions being drawn between the various individual offences recorded in the record.
1 Citers
Director of Public Prosecutions v Butterworth; HL 22-Jul-1994 - Independent, 19 August 1994; Times, 22 July 1994
Regina v Jordan; CACD 10-Nov-1994 - Ind Summary, 19 December 1994; Times, 10 November 1994; [1994] CLY 1196
Regina v Burton Upon Trent Magistrates Court Ex Parte Woolley Independent, 27 January 1995; Independent, 29 December 1994; Times, 17 November 1994
17 Nov 1994
QBD
Road Traffic
An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver.
Road Traffic Act 1988 5(1)(a)
Ex Parte Allgood Times, 25 November 1994
25 Nov 1994
QBD
Road Traffic
The driver of a car and his passenger who were each facing a charge of taking a car without the owner's consent offended jointly; The youth was properly committed to the Crown Court with his adult co-offender.
Misell v Essex County Council Times, 16 December 1994; Independent, 07 December 1994
7 Dec 1994
QBD
Road Traffic, Negligence
A Local Authority was liable as the Highway Authority for its breach of statutory duty having left mud on a road, left there by wagons with complaints that there was no sign.
Highways Act 1980 58(1)
Regina v Woodward (Terence); CACD 7-Dec-1994 - Times, 07 December 1994; [1995] 2 Cr App R 388; [1995] 3 All ER 79; [1995] RTR 130
Regina v Vano Times, 29 December 1994
29 Dec 1994
CACD
Road Traffic
Press campaign to have sentence increased was wholly wrong and misguided
Prime v Hosking Times, 30 December 1994
30 Dec 1994
QBD
Road Traffic
Goods Driver to record time spent on other work after driving ceased.
Transport Act 1970 97
Regina v Bradshaw and Another Times, 31 December 1994
31 Dec 1994
CACD
Road Traffic
An extended driving test requirement was not a correct requirement after the defendant was convicted for aggravated taking without consent (TWOC) but in a capacity as passenger only.
