References: [1970] 54 Cr App R 415
Coram: Lord Parker LCJ
Ratio: The defendant was accused of failing to give a sample of breath for testing for alcohol. The defence was that there had been no failure because the appellant had reasonably asked that he should be able to consult with a doctor and a solicitor. The deputy chairman had directed the jury that that was no defence.
Held: The court upheld that direction, but stated in the course of doing so: ‘The Deputy Chairman, in the opinion of this Court, ruled perfectly correctly that on those facts, which were completely agreed in all respects, the only result in law was that there was a failure, even though there was no refusal. There is failure if the opportunity to do so something is given and you do not do it. Here the sample of breath was not given.’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Director of Public Prosecutions v Swan Admn (Bailii, [2004] EWHC 2432 (Admin))
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(This list may be incomplete)
Last Update: 30 May 2017
Ref: 220168
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