R v Thames Magistrates Court, ex parte Levy
| Jurisdiction | England & Wales |
| Judgment Date | 16 June 1997 |
| Date | 16 June 1997 |
| Court | Court of Appeal (Civil Division) |
Queen's Bench Divisional Court
Before Lord Justice Simon Brown and Mr Justice Garland
Road traffic - original disqualifying offence quashed - driving when disqualification still valid an offence
A driver was guilty of driving a motor vehicle while disqualified for driving even when the original offence to which the disqualifying period related had been quashed.
The Queen's Bench Divisional Court so held dismissing an application for judicial review by Darren Levy to quash his conviction by Mr Stephen Dawson, Metropolitan Stipendiary Magistrate at Thames Magistrates Court on October 23, 1996 of driving while disqualified contrary to section 103(1) of the Road Traffic Act 1988.
On June 17, 1996 he had been found guilty of various motoring offences by Highbury Corner Magistrates Court for which he was sentenced, inter alia, to 12 months disqualification from driving. He appealed against the convictions but did not apply to have the disqualification suspended pending the outcome.
During the period of disqualification, he was twice stopped while driving and charged, inter alia, with driving while disqualified. On September 25, 1996 his appeal against the convictions of June 17 was successful and the convictions were quashed.
On October 23, 1996 at Thames Magistrates Court he was found guilty, inter alia, of driving while disqualified although the offence to which the disqualification related had been quashed.
Miss Ruth Kirby for the applicant; Mr Andrew Colman for the prosecution.
LORD JUSTICE SIMON BROWN said the applicant had requested judicial review of the magistrate's refusal to state a case and an order of mandamus that he be required to state a case.
His Lordship considered the preferable approach was to face the true issue of the case and request judicial review of the legality of the conviction on October 23. The parties agreed and proceeded on that basis.
His Lordship referred to the statement of Lord Widgery in R v LynnUNK ([1971] RTR 369, 370): "The first point which was taken below but is not taken here was that, since the initial disqualification of December 3, 1969 was subsequently set aside on appeal, the act of driving on December 8, 1969 was not a breach of the law at all, in other words, it did not amount to an offence. That argument has not been pursued in this court, and rightly so, because it...
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