Director of Public Prosecutions, R (on the application of) v Sharma

Director of Public Prosecutions, R (on the application of) v Sharma

The Justices were entitled to find, on the evidence, that the respondent was unaware of the additional alcohol and its effects, and that her ability to drive was unimpaired. Their findings were not perverse or wrong in law, and the process was not influenced by errors of law. Therefore, the appeal must be dismissed.

Parties
Claimant: Director of Public Prosecutions; Defendant: Ratika Sharma
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Driving With Excess Alcohol, Special Reasons, Disqualification From Driving
Criminal Law Road Traffic Law Driving With Excess Alcohol Special Reasons Disqualification From Driving

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Director of Public Prosecutions

Claimant

Ratika Sharma

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the Justices erred in finding special reasons not to disqualify the respondent from driving after conviction for driving with excess alcohol
  2. 2 Whether the respondent was unaware of the additional alcohol in her drinks and its effects

Ratio Decidendi

The Justices were entitled to find, on the evidence, that the respondent was unaware of the additional alcohol and its effects, and that her ability to drive was unimpaired. Their findings were not perverse or wrong in law, and the process was not influenced by errors of law. Therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed