Le Crom v Constable of St. Brelade [1975] JJ 197 (26 February 1975)

Refusal to provide a urine specimen is not reasonable unless there is extreme mental condition, fear, or phobia, supported by medical evidence, to constitute 'reasonable cause' under the statute.

Citation: [1975] JJ 197
Parties: Applicant: Le Crom; Respondent: Constable of St. Brelade
Jurisdiction: Jersey
Judgment Date: 26 February 1975
Procedural Posture: Criminal / Judgment
Outcome: application dismissed
Legal Topics: Driving Under Influence, Refusal to Provide Specimen, Reasonable Cause

Criminal Law Road Traffic Law Driving Under Influence Refusal to Provide Specimen Reasonable Cause

Case Brief

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Parties

Le Crom

Applicant

Constable of St. Brelade

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether refusal to provide a urine specimen constitutes 'reasonable cause' under Road Traffic (Jersey) Law 1956, art. 16A(1)
2 Whether mental condition, fear or phobia amounts to 'reasonable cause'

Ratio Decidendi

Refusal to provide a urine specimen is not reasonable unless there is extreme mental condition, fear, or phobia, supported by medical evidence, to constitute 'reasonable cause' under the statute.

Court Disposition

application dismissed