Mitchell v Dean

JurisdictionScotland
Judgment Date17 November 1978
Date17 November 1978
Docket NumberNo. 12.
CourtHigh Court of Justiciary

J.C

Lords Kissen, Thomson, Robertson.

No. 12.
MITCHELL
and
DEAN

Evidence in criminal cases—Productions—Admissibility of extract conviction containing reference to appellant having admitted six previous convictions—Criminal Procedure (Scotland) Act 1975 (cap. 21), sec. 357.

Statutory offence—Driving while disqualified and without insurance—Evidence of disqualification—Form of extract conviction—Whether reference to previous convictions nullified proceedings—Road Traffic Act 1972 (cap. 20), secs. 99 (b) and 143 (1)—Criminal Procedure (Scotland) Act 1975 (cap. 21), sec. 357.

The driver of a motor vehicle was convicted of driving while disqualified and without insurance contrary to secs. 99 (b) and 143 (1) of the Road Traffic Act 1972. During the trial the Crown produced an extract conviction which had resulted in his disqualification from driving and which specified the statutory offence concerned. The extract conviction also referred to the appellant as having admitted six previous convictions. It was argued for the appellant at his trial that this production, because of its contents, rendered the trial null and void. The Sheriff rejected this submission and convicted the appellant who then asked for a stated case.

Held that the reference to the appellant's admission of "six previous convictions" did not competently support the substantive charge and therefore vitiated the proceedings, being a breach of sec. 357 (1) (b) of the Criminal Procedure (Scotland) Act 1975; and convictionquashed.

Thomas Beaton Skinner Mitchell was charged in the Sheriff Court at Dumbarton on a complaint at the instance of Ian Dean, Procurator-fiscal, in the following terms:—(1) You, being a person who was on 12th May 1977 at Dumbarton Sheriff Court disqualified for holding or obtaining a licence for six months, did while you were so disqualified drive motor car registered number LSC 980F; contrary to the Road Traffic Act 1972, section 99 (b); and (2) You did use said motor vehicle without there being in force in relation to the use of the vehicle by you such a policy of insurance or such a security in respect of third party risks as complied with the requirements of Part VI of the said Act; contrary to section 143 (1) of the said Act.

The appellant pled not guilty. After trial on 12th June 1978, the Sheriff (Murphy) found the appellant guilty on both charges. The appellant asked for a case to be stated for the opinion of the High Court of Justiciary.

The stated case set forth that the following facts were admitted or proved. "1. On 12th May 1977 the Appellant was convicted of a contravention of the Road Traffic Act 1972, section 40 (5), and Regulation 99 (1) (f) of the Motor Vehicles (Construction and Use) Regulations 1973. He was fined £10 and was disqualified from holding or obtaining a driving licence for a period of six months from 12th May 1977 in terms of sections 93 (3) and 93 (5) of the Road Traffic Act 1972. 2. About 10.50p.m. on 2nd November 1977 on Glencairn Road, Dumbarton, near Napier Crescent, the Appellant drove a Ford Cortina motor car registered number LSC 980F. 3. On 2nd November 1977 the Appellant was still under the disqualification imposed on 12th May 1977. 4. On 2nd November 1977 the Appellant was not insured to drive said car. 5. Crown Production 1 discloses that the Appellant admitted six previous convictions on 12th May 1977."

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1 cases
  • Boustead v McLeod
    • United Kingdom
    • High Court of Justiciary
    • 28 March 1979
    ...therefore reference to such a conviction as this was liable to prejudice the mind of the Sheriff. The recent case of Mitchell v. DeanSC 1979 J.C. 62 was in point; the fact that the extract recorded commission of a series of previous convictions in that case was of no moment: the principle o......
1 books & journal articles

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