Filmer v Director of Public Prosecutions

Filmer v Director of Public Prosecutions

The appellant was not denied a fair trial; the prosecution disclosed the essential elements of their case, and the appellant knew the public place issue was central. The refusal to adjourn was a proper exercise of discretion, and the Justices' acceptance of police evidence regarding public use of the car park was reasonable. There was no prosecution by ambush, and the evidence justified conviction.

Parties
Claimant: David Filmer; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
01 November 2006
Procedural Posture
Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Court Conviction
Outcome
Appeal dismissed
Legal Topics
Driving With Excess Alcohol, Public Place Definition, Disclosure Obligations, Adjournment Applications, Fair Trial Rights
Criminal Law Road Traffic Law Procedural Law Driving With Excess Alcohol Public Place Definition Disclosure Obligations Adjournment Applications Fair Trial Rights

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Parties

David Filmer

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Court Conviction

Legal Issues

  1. 1 Whether refusal of adjournment was a proper exercise of discretion
  2. 2 Whether it was unreasonable to accept police evidence that the parking area was a public place under the Road Traffic Act

Ratio Decidendi

The appellant was not denied a fair trial; the prosecution disclosed the essential elements of their case, and the appellant knew the public place issue was central. The refusal to adjourn was a proper exercise of discretion, and the Justices' acceptance of police evidence regarding public use of the car park was reasonable. There was no prosecution by ambush, and the evidence justified conviction.

Court Disposition

Appeal dismissed

Orders

  • Order for costs against the applicant in the sum of £300, to be paid at the same rate as the Magistrates' Court fine and after those obligations are met.
  • Stay of disqualification lifted; disqualification effective forthwith.