Director of Public Prosecutions v Ubhi

Director of Public Prosecutions v Ubhi

The justices' decision was quashed because they failed to apply the objective test required by law for special reasons and duress of circumstances, did not make findings on whether a reasonable person would have acted as the defendant did, and failed to consider the availability of alternatives to driving.

Parties
Claimant: Director of Public Prosecutions; Defendant: Manjit Singh Ubhi
Jurisdiction
England and Wales
Judgment Date
11 February 2003
Procedural Posture
Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Decision
Outcome
appeal allowed; decision of justices quashed; matter remitted for reconsideration by different justices
Legal Topics
Driving Under the Influence, Special Reasons, Duress of Circumstances, Appeal by Way of Case Stated
Criminal Law Road Traffic Law Driving Under the Influence Special Reasons Duress of Circumstances Appeal by Way of Case Stated

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Manjit Singh Ubhi

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Decision

Legal Issues

  1. 1 Whether the justices erred in law in finding special reasons not to disqualify the defendant from driving after a guilty plea to driving with excess alcohol
  2. 2 Whether the justices applied the correct objective test in assessing special reasons and duress of circumstances

Ratio Decidendi

The justices' decision was quashed because they failed to apply the objective test required by law for special reasons and duress of circumstances, did not make findings on whether a reasonable person would have acted as the defendant did, and failed to consider the availability of alternatives to driving.

Court Disposition

appeal allowed; decision of justices quashed; matter remitted for reconsideration by different justices

Orders

  • Decision of Shropshire justices quashed
  • Matter remitted to a different bench for reconsideration