Driver refusing then agreeing in 5 seconds to breath test didn’t refuse. Citations: Times 21-Jun-1995 Statutes: Road Traffic Act 1988 7 Jurisdiction: England and Wales Road Traffic Updated: 15 May 2022; Ref: scu.89355
The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before administering a breath test. Meanwhile the appellant consumed more alcohol supplied … Continue reading Dibble v Ingleton: 1972
The defendant was prosecuted for having failed to provide information on a form when he had responded by telephone. Judges: Woolf LJ Citations: [1990] RTR 26 Jurisdiction: England and Wales Cited by: Cited – Director of Public Prosecutions v Broomfield QBD 2002 If a notice is in reasonable form and requires the information to be … Continue reading Boss v Measures: QBD 1990
Justices had to be careful not to convict of driving with excess alcohol unless they were sure on the basis of scientific and other evidence that the defendant had been over the limit at the time of the alleged offence. Citations: [1987] 3 All ER 733, [1988] QB 170, [1987] Crim LR 776, (1987) 86 … Continue reading Gumbley v Cunningham: 1987
Failing to give breath test charge needn’t specify which of sections 4 or 5. On a charge of failing to give a breath specimen, there was no need to specify which offence. Citations: Independent 19-Aug-1994, Times 22-Jul-1994 Statutes: Road Traffic Act 1988 7(6) Road Traffic Updated: 10 May 2022; Ref: scu.79994
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance. Citations: Gazette 24-Feb-1999, Gazette 17-Mar-1999 Statutes: Road Traffic Act 1988 Jurisdiction: England and Wales Road Traffic Updated: 08 May … Continue reading Regina v Simmonds: CACD 24 Feb 1999
In the absence of evidence of calibration of an Intoximeter either before or after the second specimen was produced, there had been a failure to prove the precondition that the machine was working satisfactorily. Citations: [1988] RTR 281 Jurisdiction: England and Wales Cited by: Cited – Sneyd v Director of Public Prosecutions Admn 24-Feb-2006 The … Continue reading Mayon v Director of Public Prosecutions: 1988
Citations: [1996] EWHC Admin 39 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 05 May 2022; Ref: scu.136587
When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no … Continue reading Director of Public Prosecutions v Noe: QBD 19 Apr 2000
The evidence which is admissible on a challenge to the reliability of an intoximeter device is not limited to direct evidence of the unreliability of the breath testing device, but can be based on evidence such as the level of consumption, and the activities of the defendant before arrest and on his or her condition … Continue reading Cracknell v Willis: HL 1988
Evidence that a driver had been drinking was admissible when the driver faced a charge of dangerous driving. Citations: [1962] 2 QB 167, [1961] 3 All ER 6 Cited by: 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, … Continue reading Regina v McBride: 1961
(High Court of Australia) The court considered a claim for damages arising out of a motor accident in New South Wales, where the claim had been brought in the courts of Queensland. The questions arose as to whether or not a provision in the Motor Accidents Act 1988 of New South Wales which limited the … Continue reading Stevens v Head: 18 Mar 1993
The applcant challenged a provision which imposed criminal liability on a director of a body which had committed a criminal offence ‘unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence’. The Commission found the application to be manifestly ill-founded. … Continue reading Attorney General v Malta: 10 Dec 1991
Citations: [1989] RTR 54 Statutes: Road Traffic Offenders Act 1988 15 Cited by: Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003 The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had consumed alcohol in the twenty minutes between … Continue reading Beauchamp Thomson v Director of Public Prosecutions: 1989
The magistrates had upheld a submission of no case to answer. When the prosecutor’s appeal was allowed, the case was remitted back to the Magistrates with a direction for the hearing to continue and precisely because the conclusion was that the defence had not at that stage given any evidence during the course of the … Continue reading Patterson v Charlton: 1986
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ Citations: [1995] Crim LR 428 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Regina v Roberts and George CACD 31-Jul-1996 The defendants, a lorry driver and his employer, … Continue reading Regina v Strong: 1995
Judges: Mr Justice Burton Citations: [2009] EWHC 1861 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 172 Jurisdiction: England and Wales Road Traffic Updated: 29 April 2022; Ref: scu.440829
Trafalgar Square is properly a road. The question is one of fact for the justices. In this case the police officer properly stopped a vehicle with a view to carrying out a vehicle inspection. Citations: Times 03-Dec-1999 Statutes: Road Traffic Act 1988 67, 69 Jurisdiction: England and Wales Road Traffic Updated: 28 April 2022; Ref: … Continue reading Sadiku v Director of Public Prosecutions: QBD 3 Dec 1999
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless. Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ and ‘It is for the jury to decide whether the risk created by the manner in which … Continue reading Regina v Lawrence (Stephen): HL 1981
Failure of police to serve a printout from the breath test device certified by a police officer. Judges: Leggatt LJ, William Davis J Citations: [2018] EWHC 2159 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Road Traffic Updated: 26 April 2022; Ref: scu.621155
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. Judges: Otton LJ and Astill LJ Citations: Unreported, 4 December 1988 Jurisdiction: England and Wales Cited by: Cited – Vehicle and Operator Services Agency, Regina (on the Application of) v Henderson Admn … Continue reading Director of Public Prosecutions v Potts: QBD 4 Dec 1988
The defendant had successfully argued no case to answer, on a charge of driving without due care. The prosecutor appealed by way of case stated. From the detailed notes available to the court, it was clear that there was evidence before them to put the defendant to an answer. Case remitted. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Spicer: Admn 13 Mar 1997
Constable to ask reason why specimen should not be taken under 7(4). Citations: Independent 02-Feb-1994 Statutes: Road Traffic Act 1988 7(4) Jurisdiction: England and Wales Road Traffic Updated: 10 April 2022; Ref: scu.90529
The type approval of a radar speed gun was either to be proved, or the police officer was to confirm that a radar gun was of a permitted type. Citations: Times 01-Jun-1993 Statutes: Road Traffic Act 1984, Road Traffic Offenders Act 1988 Crime, Road Traffic Updated: 09 April 2022; Ref: scu.86546
Requirement for blood test not invalidated by not asking before refusal. Citations: Times 13-Mar-1997 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 09 April 2022; Ref: scu.86340
An injured suspect should still be asked why a blood specimen should not to be taken. A failure to follow the statutory procedure to request a blood sample in hospital had misled the driver. Citations: Independent 27-Jan-1995, Independent 29-Dec-1994, Times 17-Nov-1994 Statutes: Road Traffic Act 1988 5(1)(a) Road Traffic Updated: 09 April 2022; Ref: scu.86259
An insurer’s failure to obtain a release certificate left him liable for damages Citations: Times 28-Sep-1995 Statutes: Road Traffic Act 1988 151 Insurance Updated: 09 April 2022; Ref: scu.83494
Doctors certificate re blood sample admissible when service requirements waived by defendant; no signature on certificate. Citations: Times 21-Jul-1997 Statutes: Road Traffic Offenders Act 1988 16 Transport Updated: 09 April 2022; Ref: scu.83218
Two periods of disqualification can be double DQ for purposes of the section. Citations: Times 01-Mar-1994 Statutes: Road Traffic Offenders Act 1988 34 Road Traffic Updated: 09 April 2022; Ref: scu.82975
Defendant needn’t know right to refuse till decision made to take blood sample. Citations: Ind Summary 31-May-1993 Statutes: Road Traffic Act 1988 7 8 Road Traffic Updated: 08 April 2022; Ref: scu.81286
A mistaken belief in the mind of the Police Constable that the Intoximeter was inaccurate, does not prevent the admission of the reading. Citations: Ind Summary 11-Dec-1995, Times 14-Nov-1995 Statutes: Road Traffic Act 1988 7(3) Road Traffic Updated: 08 April 2022; Ref: scu.81135
A properly taken urine sample was admissible despite an earlier request for a blood sample. Citations: Times 03-Feb-1995 Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 08 April 2022; Ref: scu.80004
The appeal is brought by the appellant against the decision of the Justices that the respondent was not guilty of the offence of using a motor vehicle on a road without there being in force a valid policy of insurance, contrary to section 143 of the Road Traffic Act 1988. Judges: McCombe LJ, Kerr J … Continue reading Oldham Borough Council v Sajjad: Admn 19 Dec 2016
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location at the time. Having given no evidence, he now appealed against his … Continue reading Selby v Chief Constable of Avon and Somerset: QBD 1988
A police officer’s requirement for a blood specimen at hospital whilst made at the hospital, remains in force despite the defendant leaving the hospital. Ind Summary 01-Jan-1996, Times 20-Dec-1995 Road Traffic Act 1988 9(1)(a) England and Wales Road Traffic Updated: 20 January 2022; Ref: scu.90357
The defendant appealed by case stated against his conviction for driving a Segway scooter on a footpath. He denied that it was ‘a mechanically propelled vehicle intended or adapted for use on roads.’ Held: The appeal failed. The district judge had correctly read and applied the authorities. The manufacturer’s statement that the Segway was not … Continue reading Coates v Crown Prosecution Service: Admn 29 Jul 2011
Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. [1976] RTR 251, [1976] Crim LR 131 Wireless Telegraphy Act 1949 1(1) England and Wales Cited … Continue reading Invicta Plastics Limited v Clare: QBD 1976
Prosecutor’s appeal against dismissal of charge of failing to provide specimen of breath on bais that police had failed properly to follow the procedures. [1997] EWHC Admin 1046 Road Traffic Act 1988 7(6) England and Wales Road Traffic Updated: 04 January 2022; Ref: scu.137991
[1997] EWHC Admin 1042 Road Traffic Act 1988 143(2) England and Wales Citing: Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999 The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . . Cited – Rex v Oliver 1944 When … Continue reading Director of Public Prosecutions v Kavaz: Admn 25 Nov 1997
[1997] EWHC Admin 937 Road Traffic Act 1988 41B, Road Vehicles (Construction and Use) Regulations 1986 80(1)(b) England and Wales Road Traffic Updated: 03 January 2022; Ref: scu.137882
[1997] EWHC Admin 980 Road Traffic Act 1988 133 England and Wales Citing: Cited – Stilk v Myrick KBD 16-Dec-1809 No Obligation Incurred without ConsiderationThe plaintiff agreed to sail with the defendant on a voyage being paid pounds 5.00 a month. Two crew deserted and the captain asked the remainder to do their work sharing … Continue reading Mahmood v Vehicle Inspectorate: Admn 5 Nov 1997
The Appellant appeals by way of Case Stated against a decision of the Faversham and Sittingbourne Justices in Kent whereby, on 13th October 1997, they convicted him of an offence of driving while unfit through drugs, contrary to section 4(1) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act … Continue reading Leetham v Director of Public Prosecutions: Admn 13 Oct 1997
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer manslaughter by the law of England, since the enactment of the Road … Continue reading Regina v Government of Holloway Prison, Ex parte Jennings: HL 1983
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
‘Consuming alcohol’ includes consumption by injection, inhalation, patch etc. Times 15-Mar-1994 Road Traffic Act 1988 5(1) England and Wales Road Traffic Updated: 16 December 2021; Ref: scu.80016
The defendant appealed against his conviction for reckless driving. He said the offence was committed out of necessity, since his passenger’s life was under threat. Held: Necessity can only be a defence to a charge of reckless driving where the facts establish ‘duress of circumstances’ . . where the defendant was constrained by circumstances to … Continue reading Regina v Conway: CACD 28 Jul 1988
Mr Harrison was convicted by the Sheriff-substitute of an offence under section 7(4) of the 1930 Act on the ground that, while disqualified from holding a driving licence, he had driven a vehicle on a specific road. The Sheriff-substitute stated a case for appeal to the High Court. The facts admitted or proved included the … Continue reading Harrison v Hill: 1932
Private Car park was not a public plae. The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses. Held: The appeal succeeded. The phrase public phrase had to be read ejusdem generis with ‘road’. Whether … Continue reading Richardson v Director of Public Prosecutions: Admn 28 Feb 2019
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
There was an allegation of an offence of dangerous driving contrary to section 2 of the 1988 Act. The issue was whether the car park where the driving had taken place, not being a road, was an ‘other public place’. The case turned on the fact that there was ‘no evidence of the general public … Continue reading Spence, Regina v: CACD 23 Mar 1999
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
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 principle of autrefois, applicable only where the … Continue reading Connelly v Director of Public Prosecutions: HL 1964
Necessity not a defence to reckless driving The trial judge had refused to leave to the jury the defence of necessity, which the appellant sought to bring to a road traffic allegation. Held: The appeal failed. Caulfield J referred to the authorities, and said: ‘In view of our ultimate decision it is not necessary to … Continue reading Regina v Denton: CACD 1987
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. Held: The duress of circumstances defence can apply … Continue reading Regina v Pommell: CACD 16 May 1995
The defendant, a road traffic camera campaigner appealed against his conviction for contravening a red light traffic signal, saying that the camera was not approved. Held: The appeal failed. A ‘prescribed device’ was a ‘device of a description specified in an order made by the secretary of state’. The camera had been so specified in … Continue reading Robbie the Pict v Director of Public Prosecutions: Admn 26 Apr 2009
Motorcyclist negligent without helmet The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily negligent in not wearing a crash helmet. Held: Once the court had established that the … Continue reading O’Connell v Jackson: CA 7 Jul 1971
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
The court was asked whether a defendant who pleads guilty to an offence of driving with excess alcohol contrary to section 5(1)(a) of the Road Traffic Act 1988, and therefore admits that he was driving ‘over the limit’, can seek a Newton hearing to contest the amount by which the prosecution allege he was over … Continue reading Goldsmith v Director of Public Prosecutions: Admn 4 Nov 2009
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since the defendant was not responsible for the failure of the plaintiff … Continue reading Froom v Butcher: CA 21 Jul 1975
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Highway Code applied by analogy The defendant contended that the three claimants had negligently contributed to the losses they suffered in a road traffic accident of which he admitted primary liability. There had been a spillage of oil, it was dark, the weather was poor, and the claimant passed the scene of an accident over … Continue reading Lac and others v Clayton: CA 3 Feb 2009
Police officers had entered a house in pursuit of a suspected burglar. Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier. Donaldson LJ said: ‘it is conceded in this case that (the trial judge) correctly analysed the position at … Continue reading Swales v Cox: CA 1981
The Service appealed by case stated against the dismissal of a charge of driving with excess alcohol. The arresting officer had not administered the roadside breath test not having one with him, and had not been trained to make the necessary assessment. The driver had said that the arrest without the test was unlawful. Held: … Continue reading Crown Prosecution Service, Regina (on The Application of) v Wolverhampton Magistrates’ Court: Admn 27 Nov 2009
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
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 should be taken into account in deciding whether he had been driving … Continue reading Bannister, Regina v: CACD 28 Jul 2009
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which he could escape from a gang of 20-30 youths who had … Continue reading Regina v Willer (Mark Edward): CACD 1986
Non-communications use of phone not caught The DPP appealed from a decision overturning the conviction of the respondent for the use while driving of a mobile phone to take pictures. Held: The phrasing of the statute limited the offence to one of using the phone for communication purposes. Other uses were not caught by the … Continue reading Director of Public Prosecutions v Barreto: Admn 31 Jul 2019
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. … Continue reading Mason v Director of Public Prosecutions: Admn 15 Jul 2009
No Legal Duty to Assist a Constable At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the execution of his duties: … Continue reading Rice v Connolly: 1966
After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his wife. The Commissioners of Customs and Excise appealed the latter order. Held: … Continue reading In re Peters: CA 1988
The driver appealed against her conviction for driving with excess alcohol. She said that she had not been given the protection provided under section 9 against being required to provide a specimen whilst under the care of a doctor at hospital.
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Admissibility of medical certificate as to blood alcohol content after failure of Intoximeter. . .
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
The court allowed an appeal against the decision of the Master of the Court of Protection refusing registration to an enduring power of attorney on the ground that the donor, although capable of understanding the nature of the power, was herself . .
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force . .
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Appeal from 16 month sentence on one count of causing serious injury by dangerous driving, contrary to section 1A of the Road Traffic Act 1988. . .
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References: [1993] HCA 19, (1993) 112 ALR 7, [1993] Aust Torts Reports 81-203, (1993) 17 MVR 1, (1993) 67 ALJR 343, [1993] 176 CLR 433 Links: Austlii Coram: Mason CJ, Brennan, Deane, Dawson, Toohey, Gudron, McHugh JJ (High Court of Australia) The court considered a claim for damages arising out of a motor accident in … Continue reading Stevens v Head; 18 Mar 1993
References: (1995) 71 P & CR 231 Coram: Stuart-Smith LJ The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become … Continue reading Hereford and Worcester County Council v Pick; 1 Apr 1995
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Where an officer was told in the police station of a medical reason why the suspect should not provide a sample of blood, and had had to suspend the procedure, the officer should ensure that the same information should be provided to the hospital. The defendant asserted that he suffered from ‘immune system breakdown’. The … Continue reading Butler v Director of Public Prosecutions: CACD 20 Dec 2000
Judges: Stadlen J Citations: [2012] EWHC 1606 (QB) Links: Bailii Statutes: Road Traffic Act 1988 151(2)(b) Jurisdiction: England and Wales Personal Injury Updated: 07 December 2022; Ref: scu.461889
Prosecutors appeal against refusal to accept evidence from academic toxicologist who was not an ‘authorised analyst’ of blood alcohol levels. Whether only ‘authorised analyst’ able to give evidence. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1803 (Admin) Links: Bailii Statutes: Road Traffic Act 1988, 591) Jurisdiction: England and Wales Road Traffic Updated: 06 December … Continue reading Crown Prosecution Service v Sedgemoor Justices: Admn 3 Jul 2007
Where a motorist challenges the accuracy of the intoximeter, there is only an evidential burden on him. Citations: Unreported, 27 March 2000 Statutes: Road Traffic Act 1988 5 Jurisdiction: England and Wales Citing: See Also – O’Sullivan v Director of Public Prosecutions Admn 4-Nov-1998 The court considered and gave directions for the form of statement … Continue reading O’Sullivan v Director of Public Prosecutions: 27 Mar 2000
Prsoecutor’s appeal against dismissal of charge of driving with excess alcohol. The dfeendant was arrested only some time after he had been driving and after he had consumed further alcohol. Citations: [2007] EWHC 2186 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a), Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales Road Traffic … Continue reading Director of Public Prosecutions v Tooze: Admn 24 Jul 2007
Prosecutor’s appeal against dismissal of charge of driving wth excess alcohol. Defendant in car park of supermarket, and no intention of driving. Citations: [2007] EWHC 1841 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(b) Jurisdiction: England and Wales Road Traffic Updated: 05 December 2022; Ref: scu.258813
The defendants had been required to provide information leading to the identification of the driver. In one case the defendant was the registered keepr, and in the second not. Held: the obligations differed according to whether it was addressed to the registered keeper. In the one case to gave the information, and under the second, … Continue reading Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004
The defendant appealed against his conviction for driving with excess alcohol, saying that the device used to make the measurement did not have type approval. Held: The appeal failed. Stanley Burnton J considered the issue of type approval of a breath analysis device and said that a device may not be an approved device because … Continue reading Richardson v Director of Public Prosecutions: Admn 20 Feb 2003
