Vehicle and Operator Services Agency, R (on the application of) v Henderson

Vehicle and Operator Services Agency, R (on the application of) v Henderson

On the justices' findings, the lorry was driven with all 10 wheel nuts not even finger-tight, causing significant vibration; such a condition necessarily involves a danger to any person under section 40A, and no rational tribunal could have acquitted.

Parties
Claimant: Vehicle and Operator Services Agency; Defendant: Paul Ernest Henderson
Jurisdiction
England and Wales
Judgment Date
15 December 2004
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal
Outcome
acquittal quashed, no further action
Legal Topics
Absolute Liability Offences, Dangerous Vehicle Condition, Costs in Criminal Appeals
Criminal Law Road Traffic Law Absolute Liability Offences Dangerous Vehicle Condition Costs in Criminal Appeals

Case Brief

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Parties

Vehicle and Operator Services Agency

Claimant

Paul Ernest Henderson

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal

Legal Issues

  1. 1 Whether the condition of the lorry's wheel involved a danger of injury to any person under section 40A of the Road Traffic Act 1988
  2. 2 Whether the magistrates' acquittal was reasonable on the facts found

Ratio Decidendi

On the justices' findings, the lorry was driven with all 10 wheel nuts not even finger-tight, causing significant vibration; such a condition necessarily involves a danger to any person under section 40A, and no rational tribunal could have acquitted.

Court Disposition

acquittal quashed, no further action

Orders

  • Decision of acquittal quashed
  • No order as to costs except detailed assessment of Mr Henderson's publicly funded costs