Courts of Summary Jurisdiction
| DOI | 10.1177/002201836703100101 |
| Published date | 01 January 1967 |
| Date | 01 January 1967 |
| Subject Matter | Article |
The
Journal
of
Criminal Law
VOL. XXXI.
No.
1JANUARY-MARCH 1967
Courts
of
Summary Jurisdiction
UNINSURED USE OF MOTOR VEHICLE
IT is not often that aperson can be convicted of causing
the
commission of an offence while
the
principal cannot be
convicted. One such case arose recently at Tower Bridge
Magistrates' Court. As it is only rarely that similar circum-
stances arise
the
details of
the
case may be of interest.
The
charges were of using an uninsured vehicle against
the
driver and of causing that use against
the
owner.
The
prosecution proved the driving by
the
first defendant and also
that
the
insurance certificate related only to
the
owner and a
named driver who was not the present driver.
The
defence then called evidence to
the
effect that the
second defendant was
the
owner of two restaurants and,
wishing to travel between them, purchased a car. He was
Chinese and could speak very little English so he asked a friend
to arrange everything. He was unable to drive so wanted
the
insurance to cover any of his waiters who could drive. At
the
time of purchasing
the
car there was only one such waiter and,
when asked, the owner gave the name of that waiter as a person
likely to drive. When he was given the certificate he could not
read it so asked
the
friend and was told that everything had
been arranged. In fact the cover was only for
him
and
the
named driver and did not include
the
common clause giving
cover for any person driving with
the
owner's consent.
Later that waiter left and
the
first defendant took his
place. When asked to drive he enquired whether he was
covered by the laws of this country and
the
owner, mistakenly
as it turned out, told him that he was. He was the holder of a
full current driving licence. None of this was challenged by
the
police. Counsel then submitted that this came within the
terms of s. 201(3) of the Road Traffic Act 1960.
That
sub-
section
reads:-
CL-!
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