Bryan v R
The judge's errors regarding the requirements of section 9 were immaterial as the jury accepted the evidence that the procedural requirements were complied with. The evidence overwhelmingly established the appellant as the driver, and the sentence imposed was not manifestly excessive given the aggravating circumstances.
- Parties
- Appellant: Julian Bryan; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 22 July 2008
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Causing Death by Careless Driving, Drink Driving, Perverting the Course of Justice, Admissibility of Evidence, Jury Directions, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Julian Bryan
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the blood sample evidence was properly obtained under section 9 of the Road Traffic Act 1988
- 2 Whether the judge misdirected the jury regarding the requirement for notification and consent of the medical practitioner
- 3 Whether the appellant was the driver at the time of the accident
Ratio Decidendi
The judge's errors regarding the requirements of section 9 were immaterial as the jury accepted the evidence that the procedural requirements were complied with. The evidence overwhelmingly established the appellant as the driver, and the sentence imposed was not manifestly excessive given the aggravating circumstances.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
- leave to appeal refused on all other grounds
Full Case Text
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