The defendant appealed against his conviction for driving with excess alcohol. He had wanted to bring his own expert evidence. At the roadside, he had failed fully to inflate the device. Held: The trial court had been entitled to be satisfied of the defendant’s guilt on the evidence as a whole. It included not only … Continue reading Lomas v Bowler: 1984
The defendant provided two specimens of breath through an intoximeter 3000. Though the machine appeared to be working otherwise properly, the two readings were wider apart than usual. Held: Each reading was still in excess of the maximum, and expert evidence was to the effect that the blood alcohol level exceeded the maximum. The prosecutor’s … Continue reading Gordon v Thorpe: QBD 1986
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The circumstances caused the appellant severe distress, and she made admissions in the following interview. … Continue reading Regina v Fulling: CACD 1987
The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply. Held: A lawful arrest is not an essential requirement before a breath test, and there was no general principle that there could be no conviction under … Continue reading Fox v Chief Constable of Gwent: HL 1986
A 15-year old (Deacon or Deakin) who drove a motor car on a Council housing estate was charged with offences of driving a vehicle on a road A road in a housing estate, used only by those who resided in the estate or the visitors, and not by the public generally was held not to … Continue reading Deacon v AT (a minor): QBD 1976