Clark, R v
The appellant's actions of removing himself and his car from the scene did not amount to a positive act tending to pervert the course of justice; the evidence was not concealed, and the statutory obligations under section 170 of the Road Traffic Act 1988 do not constitute the actus reus for the offence; therefore, the conviction cannot be sustained.
- Parties
- Respondent: R; Appellant: Mark Grosvenor Clark
- Jurisdiction
- England and Wales
- Judgment Date
- 04 April 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- conviction quashed, appeal allowed
- Legal Topics
- Perverting the Course of Justice, Road Traffic Offences, Common Law Offences, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
R
Respondent
Mark Grosvenor Clark
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the appellant's actions constituted the offence of perverting the course of justice
- 2 Whether removal of self and car from accident scene amounts to concealment of evidence
- 3 Whether omission to report an accident can constitute a positive act for the offence
Ratio Decidendi
The appellant's actions of removing himself and his car from the scene did not amount to a positive act tending to pervert the course of justice; the evidence was not concealed, and the statutory obligations under section 170 of the Road Traffic Act 1988 do not constitute the actus reus for the offence; therefore, the conviction cannot be sustained.
Court Disposition
conviction quashed, appeal allowed
Orders
- defendant's costs order made; costs to be determined by the Registrar of the court
Full Case Text
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