References: Times 24-May-1999, [1999] EWCA Crim 808, [1999] RTR 353
Links: Bailii
Ratio: A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It is not sufficient to say that the public could have access if they were so inclined.
Statutes: Road Traffic Act 1988 2
Jurisdiction: England and Wales
This case is cited by:
- Cited – May v Director of Public Prosecutions Admn (Bailii, [2005] EWHC 1280 (Admin))
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3.
Held: The appeal failed.
Laws LJ set out the following propositions as accurately summarising the relevant legal principles:
a. . . - Cited – Richardson v Director of Public Prosecutions Admn (Bailii, [2019] EWHC 428 (Admin), [2019] 4 WLR 46, [2019] WLR(D) 170, WLR)
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 . .
(This list may be incomplete)
Last Update: 21 April 2019
Ref: 85567
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