Coombes v DPP [2006] EWHC 3263 (Admin) (20 December 2006)

Coombes v DPP [2006] EWHC 3263 (Admin) (20 December 2006)

Conviction for speeding cannot be sustained where, at the point of exceeding the limit, the requisite signs could not reasonably be expected to have conveyed the limit to an approaching motorist in sufficient time to reduce speed, regardless of the defendant's knowledge or the presence of road surface roundels.

Source-derived case information.

Citation
[2006] EWHC 3263 (Admin)
Parties
Claimant: John Coombes; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Appeal by Case Stated (criminal) / High Court (queen's Bench Division, Divisional Court)
Outcome
Appeal allowed
Legal Topics
Speeding Offences, Traffic Signage Requirements, Statutory Interpretation, Defences Under Road Traffic Regulation Act 1984
Criminal Law Road Traffic Law Administrative Law Speeding Offences Traffic Signage Requirements Statutory Interpretation Defences Under Road Traffic Regulation Act 1984

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Parties

John Coombes

Claimant

DPP

Defendant

Procedural Posture

Appeal by Case Stated (criminal) / High Court (queen's Bench Division, Divisional Court)

Legal Issues

  1. 1 Whether obscured speed limit signs constitute a failure to 'maintain' signage under s.85 of the Road Traffic Regulation Act 1984
  2. 2 Whether visibility of only one speed limit sign is sufficient for conviction
  3. 3 Whether signage visible only at the point of passing is adequate for conviction

Ratio Decidendi

Conviction for speeding cannot be sustained where, at the point of exceeding the limit, the requisite signs could not reasonably be expected to have conveyed the limit to an approaching motorist in sufficient time to reduce speed, regardless of the defendant's knowledge or the presence of road surface roundels.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed