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20 September 2007
Issue: 7289 / Categories: Case law , Law digest
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ROAD TRAFFIC

R v Currie [2007] EWCA Crim 926, [2007] All ER (D) 233 (Apr)

The defendant’s car was stopped by the police. He then drove off in a manner that the police regarded as dangerous driving. No notice of intended prosecution was served on him before he was charged with dangerous driving.

The prosecution contended that the requirement of notice in the Road Traffic Offenders Act 1988 (RTOA 1988), s 1(1)  did not apply by virtue of s 2(1), since there had been an “accident”. It was held that proof of an accident is not necessary to establish the offence of dangerous driving. The occurrence of an accident is relevant only to the procedural requirement of giving the defendant notice.

It is a question of law whether or not particular facts did or did not amount to an accident and so this issue is for the decision of the judge (not the jury) where the case is being tried in the crown court. 

The burden of proof, to the criminal standard, is on the prosecution to establish that an accident occurred. The word “accident” in s 2(1) has to be given a common sense meaning and is not restricted to untoward or unintended consequences having an adverse physical effect.

In this case, there was evidence to show physical contact between a police officer and the defendant’s car, and the circumstances would have been sufficiently memorable for it to be unnecessary to draw them to the defendant’s attention by serving a notice of intended prosecution—which is the underlying reason why a notice is not required where there has been an accident—and so the judge was entitled to conclude that the prosecution were not required to serve a notice under s 1.

Issue: 7289 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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