Source: All England Reporter
Publisher Citation: [2002] All ER (D) 70 (Mar)
Neutral Citation: [2002] EWCA Crim 527
Court: Court of Appeal, Criminal Division
Judge:

Longmore LJ, Johnson J and The Recorder of Manchester

Representation 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.
Judgment Dates: 7 March 2002

Catchwords

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).

The Case

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.

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