Bingham, R (on the application of) v DPP

Bingham, R (on the application of) v DPP

The magistrates were entitled to find, based on the evidence including expert analysis and the appellant's own concessions, that the application of brakes after the vehicle began to skid amounted to careless driving, and this finding was not perverse or open to challenge.

Parties
Claimant: Gary Bingham; Respondent: DPP
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal by Way of Case Stated
Outcome
appeal dismissed
Legal Topics
Careless Driving, Standard of Proof, Agony of the Moment, Driver Error
Criminal Law Road Traffic Careless Driving Standard of Proof Agony of the Moment Driver Error

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Bingham

Claimant

DPP

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal by Way of Case Stated

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 the finding of heavy braking amounted to proof beyond reasonable doubt of careless driving

Ratio Decidendi

The magistrates were entitled to find, based on the evidence including expert analysis and the appellant's own concessions, that the application of brakes after the vehicle began to skid amounted to careless driving, and this finding was not perverse or open to challenge.

Court Disposition

appeal dismissed

Orders

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