||All England Reporter
|| All ER (D) 70 (Mar)
|| EWCA Crim 527
||Court of Appeal, Criminal Division
Longmore LJ, Johnson J and The Recorder of Manchester
||James Turner QC (assigned by the Registrar of Criminal Appeals) for the defendant.
||Phillip St John-Stevens (instructed by the Crown Prosecution Service) for the Crown.
||7 March 2002
Criminal evidence - Careless driving with excess alcohol - Burden of Proof - Defence ||Reverse burden - Whether statutory offence imposing burden of proof on defendant in contravention of his right to a fair trial - s 15(3).
In a case where the defendant is tried for an offence of careless driving with excess alcohol, as an alternative to causing death by dangerous driving, the legislative interference with the presumption of innocence in of the Road Traffic Act 1988 amounts to an imposition of a legal burden on the defendant, but such interference is not only justified but also no greater than necessary.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary