Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern.
Held: The district judge had failed to distinguish clearly between the taking of blood and the sight of blood. The defendant might simply have closed his eyes or looked away. The case was remitted with a direction to convict.


Scott Baker LJ, Newman J


Times 31-Oct-2005, [2005] EWHC 2977 (Admin)




Road Traffic Act 1988 7(6)


England and Wales

Cited by:

CitedFlegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 25 May 2022; Ref: scu.231645