The defendant had crashed his car after driving off with a girl, and while being chased by another car driven by her boyfriend. The police first cautioned him for false imprisonment, but then prosecuted him for careless driving. The prosecutor appealed against a successful plea of autrefois convict. The defendant said that the offence for which he was cautioned and the summons he now faced were the same incident.
Held: The appeal succeeded. The offences were different. In the one case the offence was the manner of driving, and the other the detention of the woman. The victims were different, and the modes of trial were different, so that in some circumstances there would have been two trials. Nor was any explicit promise given by the police.
Stanley Burnton LJ, Treacy, Nicol JJ
[2010] EWHC 2266 (Admin), (2010) 174 JP 519, [2010] ACD 98
Bailii
Road Traffic Act 1988 3, Road Traffic Offenders Act 1988
England and Wales
Citing:
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Cited – Phipps, Regina v CACD 14-Jan-2005
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . .
Cited – Nicholas v Chester Magistrates Court Admn 11-Jun-2009
The claimant sought judicial review of a refusal by the respondents to state a case. . .
Cited – Gore, Regina v; Regina v Maher CACD 14-Jul-2009
The defendants appealed aginst their convictions for inflicting grievous bodily harm. When first arrested they had been issued with fixed penalty tickets for much lesser offences. The police officers did not anticipate the seriousness of the . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Criminal Practice
Updated: 09 November 2021; Ref: scu.424081