barrett_dppAdmn2009
References: [2009] EWHC 423 (Admin)
Links: Bailii
Coram: Scott Baker LJ, David Clarke J
Ratio: The defendant appealed against his conviction for driving whilst disqualified. He had driven on a roadway within a caravan park. A public footpath (a highway) went through the park. There were gates at the entrance but these were kept open. The defendant argued that the fact of it being a footpath did not allow it to be considered a public place.
Held: The appeal failed. The cases cited by the defendant did not assist the appellant since in this case he accepted that this was a public place. It was also a road in the normal sense.
This case cites:
- Cited – Director of Public Prosecutins v Vivier ([1991] 4 All ER 18)
There had been a traffic accident in a large privately owned caravan park.
Held: Premises will be private where they are entered for reasons beneficial to the occupier. Referring to Harrison v Hill: ‘What Lord Sands, and indeed Lord Clyde, say . . - Cited – Suffolk County Council v Mason HL ([1979] AC 705, [1979] 2 All ER 369)
The House considered the status of a pedestrian right of way through a caravan site to a beach, and the 1949 Act: ‘The sections which follow section 27 deal with the further steps which have to be taken before the definitive map is completed and . . - Cited – Dunmill, Regina (On the Application of) v Director Of Public Prosecutions Admn (Bailii, [2004] EWHC 1700 (Admin))
The defendant appealed his conviction for driving with excess alcohol. He had driven his car within a camping site at Hayling Island. He might have been charged with driving on a road or other public place, but was charged with driving on a road. It . . - Cited – Brewer v Director of Public Prosecutions QBD (Times 05-Mar-04)
The defendant was a disqualified driver. He was seen to be driving slowly across a railway station car park. He was found to have excess alcohol in his blood.
Held: Allowing his appeal against conviction. The magistrates had found that the car . . - Cited – Lang v Hindhaugh QBD ([1986] 2 RTR 71)
A public footpath four to five feet in width had been tarmaced but had deteriorated with potholes and bushes to the extent that it would not naturally be called a road. The appellant rode a motorcycle along it with excess alcohol and when . .
(This list may be incomplete)
Last Update: 01 September 2019
Ref: 317979
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