Peter Brett v DPP

JurisdictionEngland & Wales
JudgeLord Justice Leveson,Mr Justice Sweeney
Judgment Date16 March 2009
Neutral Citation[2009] EWHC 440 (Admin)
Docket NumberCase No: CO/4492/2008
CourtQueen's Bench Division (Administrative Court)
Date16 March 2009
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5 cases
  • R Naidoo v High Court Dublin, Republic of Ireland
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 17 July 2012
    ...of the DPP v Chorley Justices & Andrew Forest [2006] EWHC 1795 (Admin) at paragraphs 24–26, quoted by Leveson LJ in Brett v DPP [2009] EWHC 440 (Admin). However, Miss Calder's recollection of what was said at that time was not controverted and I do not think it would be right to draw any ad......
  • Cox v DPP
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 18 November 2009
    ...the case for the prosecution to consider whether it wished to apply for a further trial: see Brett v Director of Public Prosecutions [2009] EWHC 440 (Admin). He submits that the prosecution was ambushed by the new point being taken on section 7(7) during the course of the closing submission......
  • R Olajide v Stratford Magistrates' Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 19 July 2018
    ...is simple. Section 16 does not provide an exhaustive process for the proof of level of alcohol in breath. That principle is established in Brett v DPP [2009] 1 WLR 2530. The language of s.16 is of the evidence via certificate may be used to demonstrate the relevant proportion of alcohol in ......
  • Santos v Stratford Magistrates Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 1 March 2012
    ...should remain undisturbed. 18 I would finally draw attention to the remarks of Lord Justice Leveson in paragraph 18 of Brett vs DPP 2009 1 WLR 2530 where he indicated the desirability of greater use of the route of appeal to the Crown Court. This too was a case in which Miss Calder was invo......
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4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Drink and Drug Drive Case Notes Preliminary Sections
    • 29 August 2015
    ...! DC! 419 ................................ Brett v DPP [2009] EWHC 440, [2009] 1 WLR 2530, QBD! 185 ........................... Brewer v DPP [2004] EWHC 355 (Admin), [2005] RTR 5, DC! 447 .............................................................. Bristow, DPP v [1998] RTR 100, DC! 484 ,......
  • Defence Participation through Pre-Trial Disclosure: Issues and Implications
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 17-2, January 2013
    • 1 January 2013
    ...[2006] EWHC 1795(Admin); Malcolm vDPP [2007] EWHC 363 (Admin), [2007] 1 WLR 1230; Brett vDPP [2009] EWHC 440(Admin), [2009] 1 WLR 2530; Writtle vDPP [2009] EWHC 236 (Admin), [2009] RTR 28; RvPenner [2010]EWCA Crim 1155; R (on the application of Santos) vStratford Magistrates’ Court [2012] E......
  • Specimens for Laboratory Testing
    • United Kingdom
    • Wildy Simmonds & Hill Drink and Drug Drive Case Notes Contents
    • 29 August 2015
    ...cause substantial unfairness to the appellant. It was irrational and cannot be upheld.” Appeal allowed. 184 Certif‌icates Brett v DPP [2009] EWHC 440, unreported, 16 March 2009, QBD (Admin) A certif‌icate of analysis could be admitted under s 116, Criminal Justice Act 2003 even though notic......
  • Embracing the Overriding Objective: Difficulties and Dilemmas in the New Criminal Climate
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 16-3, July 2012
    • 1 July 2012
    ...of Trial’ [2008] Crim LR 764 at770–1. However, this sanction is being strongly advocated by the Administrative Court (Brett v DPP[2009] EWHC 440 (Admin)). 21 Auld, above n. 6 at 231; Denyer (2008), above n. 18.22 According to Plotnikoff and Wolfson, the advocate who conducts the pre-trial h......

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