Crown Prosecution Service v Thompson

Crown Prosecution Service v Thompson

The Justices erred by focusing on the respondent's intention rather than the statutory test of whether there was no likelihood of driving while over the prescribed alcohol limit. The appeal is allowed, the decision quashed, and the matter remitted for reconsideration applying the correct test.

Parties
Claimant: Crown Prosecution Service; Defendant: Paul John Thompson
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
appeal allowed; decision of Justices quashed; matter remitted for reconsideration; costs order against respondent limited to £500
Legal Topics
Driving Under the Influence, Statutory Defence, Burden of Proof
Criminal Law Road Traffic Law Driving Under the Influence Statutory Defence Burden of Proof

Case Brief

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Parties

Crown Prosecution Service

Claimant

Paul John Thompson

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the Justices were correct in dismissing the case against the respondent under section 5(2) Road Traffic Act 1988
  2. 2 Whether the intention of a driver at the time of getting into his vehicle can be enough to establish the statutory defence

Ratio Decidendi

The Justices erred by focusing on the respondent's intention rather than the statutory test of whether there was no likelihood of driving while over the prescribed alcohol limit. The appeal is allowed, the decision quashed, and the matter remitted for reconsideration applying the correct test.

Court Disposition

appeal allowed; decision of Justices quashed; matter remitted for reconsideration; costs order against respondent limited to £500

Orders

  • Decision of St Helens Magistrates' Court quashed
  • Matter remitted to Justices for further consideration applying the statutory test