Goodwin, R v
A jet ski (Waverunner) is not a 'ship' under section 58 of the Merchant Shipping Act 1995 because it is not a vessel used in navigation as defined by the Act; navigation requires ordered movement from one place to another, not mere recreational use. Section 58 does not apply to the appellant, who was not employed as master, nor to negligent navigation in these circumstances.
- Parties
- Respondent: R; Appellant: GOODWIN
- Jurisdiction
- England and Wales
- Judgment Date
- 07 December 2005
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal allowed
- Legal Topics
- Definition of 'ship' Under Merchant Shipping Act, Applicability of Section 58 to Jet Skis, Negligent Navigation, Employment Status Under Merchant Shipping Act
Case Brief
Summary, issues, holding and outcome
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Parties
R
Respondent
GOODWIN
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether a jet ski (Waverunner) is a 'ship' under section 58 of the Merchant Shipping Act 1995
- 2 Whether section 58 applies to negligent navigation
- 3 Whether section 58 applies to the master not employed as such
Ratio Decidendi
A jet ski (Waverunner) is not a 'ship' under section 58 of the Merchant Shipping Act 1995 because it is not a vessel used in navigation as defined by the Act; navigation requires ordered movement from one place to another, not mere recreational use. Section 58 does not apply to the appellant, who was not employed as master, nor to negligent navigation in these circumstances.
Court Disposition
Appeal allowed
Orders
- Conviction and sentence quashed
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