Crown Prosecution Service v Brown [2007] EWHC 3274 (Admin) (20 December 2007)

Crown Prosecution Service v Brown [2007] EWHC 3274 (Admin) (20 December 2007)

The defence of duress was not available to the respondent for the entire period of driving, as he was not being pursued and had no grounds to believe he was being pursued; thus, the magistrates erred in law in acquitting him.

Citation
[2007] EWHC 3274 (Admin)
Parties
Claimant: Crown Prosecution Service; Defendant: Christopher Brown
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Duress, Driving With Excess Alcohol, Defence of Necessity, Appeal Against Acquittal
Criminal Law Duress Driving With Excess Alcohol Defence of Necessity Appeal Against Acquittal

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Parties

Crown Prosecution Service

Claimant

Christopher Brown

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the defence of duress was available to the respondent for the entire period of driving under Section 5(1)(a) of the Road Traffic Act 1988
  2. 2 Whether the magistrates were correct in law to acquit the respondent on the basis of duress

Ratio Decidendi

The defence of duress was not available to the respondent for the entire period of driving, as he was not being pursued and had no grounds to believe he was being pursued; thus, the magistrates erred in law in acquitting him.

Court Disposition

appeal allowed

Orders

  • Case remitted to magistrates with a declaration that the respondent should be convicted