Spence, Regina v: CACD 23 Mar 1999

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 as such using the car park’ and that ‘[i]n the absence of evidence of any such user, there was no case to go to the jury’. The Court also emphasised that it would not suffice to prove that the general public could have access; it was necessary to show that they did in fact have access.

Lord Justice Henry,
Mr Justice Astil, His Honour Judge Grigson
[1999] RTR 353, [1999] EWCA Crim 808
England and Wales
CitedHarrison v Hill 1932
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 . .

Cited by:
CitedBowen and Others v Isle of Wight Council ChD 3-Dec-2021
What makes a road a Road?
The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’
Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Crime

Updated: 10 December 2021; Ref: scu.670324