Burns v First Capital Connect

Burns v First Capital Connect

No offence was committed under Byelaw 18(2) because the appellant was not asked by an authorised person to hand over his ticket and he did hand over his Oyster card; conviction must be quashed.

Parties
Claimant: Burns; Defendant: First Capital Connect
Jurisdiction
England and Wales
Judgment Date
01 May 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal allowed; conviction quashed
Legal Topics
Railway Byelaws, Ticket Validity, Appeal Procedure
Criminal Law Transport Law Railway Byelaws Ticket Validity Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Burns

Claimant

First Capital Connect

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether a person can be guilty under Byelaw 18(2) and 24 if not asked to hand over ticket by an authorised person and ticket is invalid due to insufficient funds
  2. 2 Whether magistrates erred in convicting appellant under Byelaws 18(2) and 24 given the facts found

Ratio Decidendi

No offence was committed under Byelaw 18(2) because the appellant was not asked by an authorised person to hand over his ticket and he did hand over his Oyster card; conviction must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed
  • associated orders and costs order quashed