The defendant was accused of being drunk in charge of a carriage. He was in fact riding a cycle. Section 12 made it an offence to be ‘drunk while in charge on any highway . . of any carriage, horse, cattle, or steam engine’.
Held: The Act was to be read purposively. The mischief rule allowed the court to hold that a carriage included a bicycle.
Lord Goddard CJ said: ‘for this purpose there cannot be any distinction between a section in a highway statute passed for the protection of the public and a section in a licensing statute passed for the same purpose, both of them concerning the conduct of a person on the highway and the preservation of public order.’ and ‘a bicycle is a carriage . . It is a carriage in my opinion because it carries.’
References: [1950] 2 All ER 745, [1951] 1 KB 102
Judges: Lord Goddard CJ, Hilbery, Byrne JJ
Statutes: Licensing Act 1872 12
Jurisdiction: England and Wales
This case cites:
- Determinative – Taylor v Goodwin QBD ((1879) 4 QBD 228)
The court was asked whether a bicycle was a ‘carriage’ within the meaning of section 78. It was said to have been ‘ridden at a furious pace’. The appellant argued that: ‘A bicycle is not a ‘carriage’ within the meaning of the Act, nor can it be said . .
This case is cited by:
- Cited – Coates v Crown Prosecution Service Admn (Bailii, [2011] EWHC 2032 (Admin))
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 . .
These lists may be incomplete.
Last Update: 26 August 2020; Ref: scu.200601 br>
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