Director of Public Prosecutions v Parker

Director of Public Prosecutions v Parker

A memorandum of conviction is admissible and sufficient to raise a prima facie case that a vehicle was taken without consent; the burden shifts to the defendant to prove otherwise. The magistrates erred in law by ruling there was no case to answer.

Parties
Claimant: Director of Public Prosecutions; Defendant: Parker
Jurisdiction
England and Wales
Judgment Date
12 May 2006
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision
Outcome
Appeal allowed; case remitted for rehearing before a fresh bench of magistrates.
Legal Topics
Admissibility of Convictions, Theft of Motor Vehicle, Section 74 Police and Criminal Evidence Act 1984, Prima Facie Case
Criminal Law Admissibility of Convictions Theft of Motor Vehicle Section 74 Police and Criminal Evidence Act 1984 Prima Facie Case

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Parties

Director of Public Prosecutions

Claimant

Parker

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a memorandum of conviction is sufficient evidence to establish a prima facie case that a vehicle was taken without consent under section 12 of the Theft Act 1968

Ratio Decidendi

A memorandum of conviction is admissible and sufficient to raise a prima facie case that a vehicle was taken without consent; the burden shifts to the defendant to prove otherwise. The magistrates erred in law by ruling there was no case to answer.

Court Disposition

Appeal allowed; case remitted for rehearing before a fresh bench of magistrates.

Orders

  • Case remitted to magistrates' court for rehearing before a fresh bench.