Buchanan vThe Crown Prosecution Service

Buchanan vThe Crown Prosecution Service

The appellant's obstruction of the highway was significant, lasting about five minutes and blocking multiple vehicles, and his use of the highway was unreasonable and without lawful excuse. The interference with his ECHR rights was necessary and proportionate for public safety and the rights of others. The obstruction was not de minimis.

Parties
Appellant: Michael Buchanan; Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Criminal Appeal by Way of Case Stated / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Obstruction of the Highway, Freedom of Expression, Freedom of Assembly, De Minimis Principle, Reasonableness of Use of Highway
Criminal Law Human Rights Law Obstruction of the Highway Freedom of Expression Freedom of Assembly De Minimis Principle Reasonableness of Use of Highway

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Parties

Michael Buchanan

Appellant

The Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Final Appellate Judgment

Legal Issues

  1. 1 Whether the obstruction of the highway by the appellant was so small and trifling as to be de minimis
  2. 2 Whether the appellant's use of the highway was unreasonable and thus without lawful excuse

Ratio Decidendi

The appellant's obstruction of the highway was significant, lasting about five minutes and blocking multiple vehicles, and his use of the highway was unreasonable and without lawful excuse. The interference with his ECHR rights was necessary and proportionate for public safety and the rights of others. The obstruction was not de minimis.

Court Disposition

appeal dismissed