Source: All England Reporter
Publisher Citation: [2003] All ER (D) 346 (Apr)
Neutral Citation: [2003] EWCA Crim 441
Court: Court of Appeal, Criminal Division
Judge:

Mantell LJ, Jack and Hedley JJ

Representation Michael Selfe (assigned by the Registrar of Criminal Appeals) for the defendant.
  Mark Trafford (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 10 February 2003

Catchwords

Criminal evidence and procedure - Evidence - Sufficiency of evidence - Causing death by careless driving under the influence of drink - Blood sample - Delay in taking specimen - Back calculation of defendant's blood alcohol level at time of offence - Conviction on basis of back calculation - Safety of conviction.

The Case

Where the prosecution had been unable to remove from consideration the real possibility that drink had not been taken by the defendant in a period which would have invalidated the back calculation from which the defendant's blood alcohol level had been calculated, the defendant's conviction for causing death by careless driving when his blood alcohol exceeded the prescribed limit was quashed, as the Court of Appeal was left with a lurking doubt as to the safety of the conviction.

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