Riddell, R v

Riddell, R v

Self-defence is in principle capable of being available as a defence to dangerous driving where the facts involve the use of force in response to threatened force; in this case, the trial was fair and the conviction is safe despite the judge not leaving self-defence to the jury on count 3.

Parties
Respondent: R; Appellant: Tracey Riddell
Jurisdiction
England and Wales
Judgment Date
05 April 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Self Defence, Dangerous Driving, Duress of Circumstances, Sentencing
Criminal Law Self Defence Dangerous Driving Duress of Circumstances Sentencing

Case Brief

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Parties

R

Respondent

Tracey Riddell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Is self-defence available as a defence to a charge of dangerous driving?
  2. 2 Was the trial unfair or conviction unsafe due to the judge's directions on self-defence?
  3. 3 Was the sentence imposed excessive?

Ratio Decidendi

Self-defence is in principle capable of being available as a defence to dangerous driving where the facts involve the use of force in response to threatened force; in this case, the trial was fair and the conviction is safe despite the judge not leaving self-defence to the jury on count 3.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed

Orders

  • Sentence of 10 months imprisonment quashed and replaced with 6 months imprisonment suspended for 18 months
  • No additional community requirements imposed