The defendant appealed his conviction for dangerous driving, saying that his special skills as a trained police driver should have been allowed for. He had driven on a motorway at average speeds of 148mph.
Held: His appeal was allowed. The district judge had been wrong to take into account background material when the words of the statute were clear. The court was unable to ‘accept that section 2A(3) requires that a circumstance relating to a characteristic of the individual accused driver should be taken into account if it is unfavourable to him but cannot be taken into account if it is favourable the favourability of the circumstance is irrelevant. Accordingly, it seems to me that the fact that the driver is a Grade 1 advanced police driver is a circumstance to which regard must be had, pursuant to section 2A(3).’
Smith LJ, Gross J
[2007] EWHC 532 (Admin), [2008] 1 WLR 2481, [2007] 4 All ER 1026
Bailii
Road Traffic Act 1988 2, Road Traffic Act 1991 2A
England and Wales
Citing:
Cited – Regina v Collins CACD 7-Mar-1997
The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were . .
Cited – Director of Public Prosecutions v Milton Admn 1-Feb-2006
The prosecutor appealed acquittal of a police officer who had been driving at 150mph. The judge had allowed for the fact that the officer believed that this was safe because of his training.
Held: The appeal succeeded. The test was objective. . .
Cited – Regina v Woodward (Terence) CACD 7-Dec-1994
On a prosecution for causing death by dangerous driving, contrary to section 1 of the 1988 Act, the fact that the driver was adversely affected by alcohol was a relevant circumstance in determining whether he was driving dangerously.’The fact (if it . .
Cited – Regina v Marison CACD 16-Jul-1996
A diabetic who drove anticipating a diabetic attack was driving recklessly and his act constituted dangerous driving. . .
Cited by:
Cited – Bannister, Regina v CACD 28-Jul-2009
The defendant appealed his conviction for dangerous driving. As a police officer he had driven at over 110 mph on a motorway in the wet, lost control and crashed. He said that the fact that he had undertaken the police advanced drivers’ course . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.250046
