Wilkinson, R. v

Wilkinson, R. v

The appellant had no lawful excuse for preventing the complainant from leaving the taxi, as no crime was committed or threatened, and the judge's directions to the jury were proper; the conviction was safe.

Parties
Respondent: Regina; Appellant: James Wilkinson
Jurisdiction
England and Wales
Judgment Date
13 September 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
False Imprisonment, Dangerous Driving, Lawful Excuse, Burden of Proof
Criminal Law False Imprisonment Dangerous Driving Lawful Excuse Burden of Proof

Case Brief

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Parties

Regina

Respondent

James Wilkinson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had a lawful excuse under section 3 of the Criminal Law Act 1967 for preventing the complainant from leaving the taxi
  2. 2 Whether the judge misdirected the jury by not informing them of a possible defence under section 3 of the Criminal Law Act 1967
  3. 3 Whether the prosecution discharged its duty to show the appellant acted unlawfully

Ratio Decidendi

The appellant had no lawful excuse for preventing the complainant from leaving the taxi, as no crime was committed or threatened, and the judge's directions to the jury were proper; the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • conviction upheld