References: [2010] EWHC 2266 (Admin), (2010) 174 JP 519, [2010] ACD 98
Links: Bailii
Coram: Stanley Burnton LJ, Treacy, Nicol JJ
Ratio: The defendant had crashed his car after driving off with a girl, and while being chased by another car driven by her boyfriend. The police first cautioned him for false imprisonment, but then prosecuted him for careless driving. The prosecutor appealed against a successful plea of autrefois convict. The defendant said that the offence for which he was cautioned and the summons he now faced were the same incident.
Held: The appeal succeeded. The offences were different. In the one case the offence was the manner of driving, and the other the detention of the woman. The victims were different, and the modes of trial were different, so that in some circumstances there would have been two trials. Nor was any explicit promise given by the police.
Statutes: Road Traffic Act 1988 3, Road Traffic Offenders Act 1988
Jurisdiction: England and Wales
This case cites:
- Cited – Connelly v Director of Public Prosecutions HL ([1964] 2 AC 1254, [1964] 2 All ER 401)
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 . . - Cited – Phipps, Regina v CACD (Bailii, [2005] EWCA Crim 33)
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . . - Cited – Nicholas v Chester Magistrates Court Admn (Bailii, [2009] EWHC 1504 (Admin), (2009) 173 JP 542)
The claimant sought judicial review of a refusal by the respondents to state a case. . . - Cited – Gore, Regina v; Regina v Maher CACD (Bailii, [2009] EWCA Crim 1424, Times 14-Jul-09)
The defendants appealed aginst their convictions for inflicting grievous bodily harm. When first arrested they had been issued with fixed penalty tickets for much lesser offences. The police officers did not anticipate the seriousness of the . .
(This list may be incomplete)
Last Update: 22 December 2018
Ref: 424081
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