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

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

The magistrates were entitled and bound to infer from the primary facts that the Black Bull public house car park was a public place for the purposes of section 5 Road Traffic Act 1988; actual evidence of user was unnecessary.

Source-derived case information.

Parties
Claimant: David Thomas Lewis; Respondent: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Driving With Excess Alcohol, Definition of Public Place, Road Traffic Offences
Criminal Law Road Traffic Law Driving With Excess Alcohol Definition of Public Place Road Traffic Offences

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Parties

David Thomas Lewis

Claimant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the Black Bull public house car park was a public place for purposes of section 5 Road Traffic Act 1988

Ratio Decidendi

The magistrates were entitled and bound to infer from the primary facts that the Black Bull public house car park was a public place for the purposes of section 5 Road Traffic Act 1988; actual evidence of user was unnecessary.

Court Disposition

appeal dismissed

Orders

  • Costs of £750 awarded to respondent, payable within three months