Director of Public Prosecutions v Darwen

Director of Public Prosecutions v Darwen

The respondent did not provide a specimen of breath sufficient to enable the analysis to be carried out or in such a way as to enable the objective of the test to be satisfactorily achieved, as required by section 11(3) of the Road Traffic Act 1988. The magistrates erred in law in acquitting the respondent. The matter is remitted with a direction to convict.

Parties
Claimant: Director of Public Prosecutions; Defendant: Mark Darwen
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court (divisional Court) Appeal From Magistrates' Acquittal
Outcome
Appeal allowed; magistrates' decision quashed; matter remitted with direction to convict; costs summarily assessed at £900 against the respondent.
Legal Topics
Failure to Provide Specimen of Breath, Interpretation of Road Traffic Act 1988 Section 11(3), Admissibility of Breathalyser Evidence
Criminal Law Road Traffic Law Failure to Provide Specimen of Breath Interpretation of Road Traffic Act 1988 Section 11(3) Admissibility of Breathalyser Evidence

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Parties

Director of Public Prosecutions

Claimant

Mark Darwen

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court (divisional Court) Appeal From Magistrates' Acquittal

Legal Issues

  1. 1 Whether incomplete breath specimens rejected by the Intoxilyser machine satisfy the requirements of section 11(3) of the Road Traffic Act 1988
  2. 2 Whether the magistrates were correct in law to acquit the respondent on the basis that he had provided breath specimens

Ratio Decidendi

The respondent did not provide a specimen of breath sufficient to enable the analysis to be carried out or in such a way as to enable the objective of the test to be satisfactorily achieved, as required by section 11(3) of the Road Traffic Act 1988. The magistrates erred in law in acquitting the respondent. The matter is remitted with a direction to convict.

Court Disposition

Appeal allowed; magistrates' decision quashed; matter remitted with direction to convict; costs summarily assessed at £900 against the respondent.

Orders

  • Matter remitted to magistrates with direction to convict, subject to any reasonable excuse (none raised at trial).
  • Respondent to pay £900 in costs, summarily assessed.