Huntley, R (on the application of) v Director of Public Prosecutions

The fact of arrest on suspicion of driving does not amount to evidence proving the accused was driving; there was no other evidence to that effect, so the conviction could not stand.

Parties: Claimant: Wayne Huntley; Respondent: Director of Public Prosecutions
Jurisdiction: England and Wales
Judgment Date: 02 April 2004
Procedural Posture: Criminal Appeal (case Stated) / Judgment
Outcome: appeal allowed; conviction set aside
Legal Topics: Driving With Excess Alcohol, Standard of Proof, Hearsay Evidence

Criminal Law Road Traffic Driving With Excess Alcohol Standard of Proof Hearsay Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Wayne Huntley

Claimant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment

Legal Issues

1 Whether there was sufficient evidence to prove the appellant was driving at the material time
2 Whether suspicion of driving amounts to proof of driving for the offence under section 5(1)(a) of the Road Traffic Act 1988

Ratio Decidendi

The fact of arrest on suspicion of driving does not amount to evidence proving the accused was driving; there was no other evidence to that effect, so the conviction could not stand.

Court Disposition

appeal allowed; conviction set aside

Orders

conviction set aside