McGrath v Att. Gen. [1985] JLR_Note 19a (11 July 1985)

A driver who falls asleep at the wheel can be convicted of driving without due care and attention even if there was no prior foresight of falling asleep.

Parties: Applicant: McGrath; Respondent: Attorney General
Jurisdiction: Jersey
Judgment Date: 11 July 1985
Procedural Posture: Criminal / Judgment
Outcome: conviction upheld
Legal Topics: Driving Without Due Care and Attention, Mens Rea, Falling Asleep While Driving

Criminal Law Traffic Law Driving Without Due Care and Attention Mens Rea Falling Asleep While Driving

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Parties

McGrath

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether foresight is required for conviction of driving without due care and attention when the driver falls asleep

Ratio Decidendi

A driver who falls asleep at the wheel can be convicted of driving without due care and attention even if there was no prior foresight of falling asleep.

Court Disposition

conviction upheld