Bingham, R (on the application of) v DPP [2003] EWHC 247 (Admin) (07 February 2003)

Bingham, R (on the application of) v DPP [2003] EWHC 247 (Admin) (07 February 2003)

The magistrates were entitled to find, on the evidence, that the appellant's heavy braking after the initial skid amounted to careless driving, and the conviction was supported by the facts and legal principles. The 'agony of the moment' principle did not apply as the emergency was not shown to be unconnected to the appellant's own actions.

Citation
[2003] EWHC 247 (Admin)
Parties
Claimant: Gary Bingham; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Judicial Review / Appeal by Way of Case Stated / High Court (administrative Court) Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Careless Driving, Standard of Proof, Agony of the Moment, Appeal by Case Stated
Criminal Law Road Traffic Law Careless Driving Standard of Proof Agony of the Moment Appeal by Case Stated

Case Brief

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Parties

Gary Bingham

Claimant

DPP

Defendant

Procedural Posture

Judicial Review / Appeal by Way of Case Stated / High Court (administrative Court) Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the magistrates were correct in law to find that the defendant's driving fell below the required standard as a result of his application of the brakes after the vehicle had begun to skid
  2. 2 Whether there was sufficient evidence to support the finding of careless driving
  3. 3 Whether the 'agony of the moment' principle applied

Ratio Decidendi

The magistrates were entitled to find, on the evidence, that the appellant's heavy braking after the initial skid amounted to careless driving, and the conviction was supported by the facts and legal principles. The 'agony of the moment' principle did not apply as the emergency was not shown to be unconnected to the appellant's own actions.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs agreed at £2,000