Source: All England Reporter
Publisher Citation: [2013] All ER (D) 116 (Jan)
Court: Queen's Bench Division, Administrative Court (London)

Mitting J (judgment delivered extempore)

Representation Greg Unwin (instructed by MacLaverty Cooper Atkins) for the appellant.
  Benedict Leonard (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 18 January 2013


Road Traffic - Offence - Prosecution - Appellant being convicted of driving motor vehicle on public place with breath alcohol reading in excess of legal limit - Magistrates failing to identify which members of public having access to site and for what purpose - Appellant appealing by way of case stated - Whether sufficient evidence from which reasonable for magistrates to find site public place within meaning of relevant legislation - Road Traffic Act 1998, s 5(1)(a).

The Case

Road Traffic Offence. The Administrative Court, in allowing the appellant's appeal by way of case stated against his conviction for driving a motor vehicle on a public place with a breath alcohol reading in excess of the legal limit, contrary to s5(1)(a) of the held that, on the evidence, it had not been open to the magistrates to conclude that the site in question was a public place. Accordingly, the conviction would be quashed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.