R. v RIDDELL

摘要

Section 2 of the Road Traffic Act 1988 [as substituted by s.l of the Road Traffic Act 1991] provides: "A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence." The defendant took a mini-cab home, telling the driver to wait while she went in to get some money to pay the fare. When she emerged, instead of paying the mini-cab driver, she got into a car and drove away. The mini-cab driver gave chase and eventually pulled his motor vehicle in front of hers on a busy road, got out and stood in front of the defendant's car. According to two eye witnesses, the defendant shouted at him to leave her alone and slowly edged her car forward, striking the mini-cab driver's knees as he retreated backwards. The mini-cab driver then sat on the bonnet of the defendant's car, which accelerated, then braked, throwing him off. The defendant was charged with assault occasioning actual bodily harm contrary to s.47 of the Offences Against the Person Act 1861 and, in the alternative, dangerous driving contrary to s.2 of the Road Traffic Act 1988. At trial, the defendant's evidence was that she had paid the mini-cab driver his fare and did not recognise the driver giving chase as the mini-cab driver from her earlier journey and had been in fear of him, and she claimed that she had been acting in her own defence. The Crown relied on the same facts in respect of both counts. Prior to the summing up the judge provided counsel with written legal directions in a route to verdict document for the jury, which included the elements of the defence of self-defence in relation to the assault count and the defence of duress of circumstances in relation to the count of dangerous driving. The defendant was convicted of dangerous driving and the jury was discharged from reaching a verdict on the assault count.