The defendant appealed against his conviction for attempting to drive after consuming excess alcohol. On reporting to the police that as he opened the door of his car, he had been threatened with a knife, and his car taken, it was suspected he had consumed alcohol, and he was arrested.
Held: The conviction was quashed. His acts fell short of attempting to drive the vehicle, being merely preparatory: ‘what the appellant did was no more than an act preparatory . . the appellant certainly had the necessary mens rea . . the appellant admitted his intention to drive the car, but mens rea absent sufficient actus reus is not enough to constitute guilt.’
Irwin, Nicol JJ
[2009] EWHC 2198 (Admin), [2010] RTR 11
Bailii
Road Traffic Act 1988 5(1)(a), Criminal Attempts Act 1981 3
England and Wales
Citing:
Cited – Regina v Campbell (Tony) CACD 1991
The defendant appealed his conviction for attempting to rob a sub post office. He had been seen earlier by police lurking in the vicinity wearing a crash helmet and sunglasses. He returned after a short time, without the sunglasses but carrying an . .
Cited – Regina v Gulliver (orse Gullefer / Gullerfer) CACD 1990
The defendant appealed against his conviction of the attempted theft of his stake from a bookmaker at a greyhound racetrack. The dog which the appellant had backed was not doing well. During the race the appellant climbed on to a fence in front of . .
Cited – Regina v Qadir, Khan CACD 25-Jul-1997
The defendants appealed against their convictions for the attempted exportation of heroin. The defendants said that they had acted as part of a US law enforcement action.
Held: The appeal failed: ‘section 170(2) creates a self-contained . .
Cited by:
Cited – Director of Public Prosecutions v Moore Admn 2-Mar-2010
The defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Crime
Updated: 31 October 2021; Ref: scu.374381