Donnachie, R (on the application of) v Cardiff Magistrates' Court

Donnachie, R (on the application of) v Cardiff Magistrates' Court

The District Judge erred in law by holding that the offence was not committed when the odometer was altered and by finding that the prosecutor was the individual officer rather than the County Council. The correct legal position is that the offence is complete upon alteration of the odometer and the prosecutor is the enforcing authority. The Informations' timeliness must be assessed on this basis.

Parties
Claimant: Sharyn Donnachie; Defendant: Cardiff Magistrates’ Court
Jurisdiction
England and Wales
Judgment Date
27 July 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review granted; District Judge's decision quashed; case remitted for reconsideration.
Legal Topics
Trade Descriptions Act, Statutory Time Limits, Jurisdiction of Magistrates’ Court, Definition of Prosecutor
Criminal Law Administrative Law Trade Descriptions Act Statutory Time Limits Jurisdiction of Magistrates’ Court Definition of Prosecutor

Case Brief

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Parties

Sharyn Donnachie

Claimant

Cardiff Magistrates’ Court

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 When is an offence under section 1(1)(a) of the Trade Descriptions Act 1968 committed?
  2. 2 Who is the 'prosecutor' for purposes of section 19 of the Trade Descriptions Act 1968?
  3. 3 Was the District Judge correct in finding the Informations were laid in time?

Ratio Decidendi

The District Judge erred in law by holding that the offence was not committed when the odometer was altered and by finding that the prosecutor was the individual officer rather than the County Council. The correct legal position is that the offence is complete upon alteration of the odometer and the prosecutor is the enforcing authority. The Informations' timeliness must be assessed on this basis.

Court Disposition

Application for judicial review granted; District Judge's decision quashed; case remitted for reconsideration.

Orders

  • The decision of the District Judge on 12 February 2007 is quashed as wrong in law.
  • Declaration that the alleged offences were complete at the time the odometers were altered.