Coe, R. v

Coe, R. v

Section 15 of the Road Traffic Offenders Act 1988 does not apply to offences under section 3A(1)(c) of the Road Traffic Act 1988; the evidence of the hospital blood sample was relevant and admissible; even if wrongly admitted, there was ample evidence to support the conviction; the sentence imposed was not manifestly excessive given the aggravating factors and applicable guidelines.

Parties
Respondent: Regina; Appellant: Christopher Steven Coe
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused.
Legal Topics
Causing Death by Careless Driving, Failure to Provide Specimen, Admissibility of Evidence, Sentencing
Criminal Law Road Traffic Law Causing Death by Careless Driving Failure to Provide Specimen Admissibility of Evidence Sentencing

Case Brief

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Parties

Regina

Respondent

Christopher Steven Coe

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of hospital blood sample analysis was admissible
  2. 2 Whether section 15 of the Road Traffic Offenders Act 1988 applied to the offence under section 3A(1)(c) of the Road Traffic Act 1988
  3. 3 Whether the conviction was safe if the blood analysis evidence was wrongly admitted

Ratio Decidendi

Section 15 of the Road Traffic Offenders Act 1988 does not apply to offences under section 3A(1)(c) of the Road Traffic Act 1988; the evidence of the hospital blood sample was relevant and admissible; even if wrongly admitted, there was ample evidence to support the conviction; the sentence imposed was not manifestly excessive given the aggravating factors and applicable guidelines.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused.

Orders

  • Conviction upheld
  • Sentence of 5 years' imprisonment and 5-year driving disqualification affirmed