R v Vivian
| Jurisdiction | England & Wales |
| Judge | MR. JUSTICE TALBOT |
| Judgment Date | 22 August 1978 |
| Judgment citation (vLex) | [1978] EWCA Crim J0822-1 |
| Docket Number | No. 2101/C/78 |
| Court | Court of Appeal (Criminal Division) |
| Date | 22 August 1978 |
[1978] EWCA Crim J0822-1
Lord Justice Browne
Mr. Justice Talbot
and
Mr. Justice Michael Davies
No. 2101/C/78
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
MR. J. LANDAU appeared on behalf of the Appellant
This is an appeal by leave of the single Judge in respect of an order made on 7th April 1978 at Snaresbrook Crown Court, when the appellant pleaded guilty to a number of offences: taking a motor car without authority, theft, attempting to obtain property by deception and reckless driving. He was sentenced, in all, for those offences to a sentence of nine months' Imprisonment and disqualified for twelve months. In addition he was ordered to pay the sum of £100 compensation and it; is in respect of that order that this appeal has proceeded. There is no appeal in respect of the sentence or imprisonment.
This appellant committed these offences in October and November 1977, and in one of them, on 17th November 1977, he took and drove away a Ford Corsair car. He drove it to a road in Wanstead and then abandoned it. Two days later, on 19th November 1977, he went and picked it up again and drove it. He was seen by police officers who then gave chase. The appellant drove at great speed and drove recklessly, as he was subsequently found guilty of, and he finally collided with a car which was immediately in front of him. The result was that this Ford Corsair, belonging to a Mr. Moulden, suffered some damage and it was in respect of that damage that the learned Deputy Judge ordered this sum of £100 compensation.
The evidence as to that appears in the transcript at page 3, where the following exchange between the Judge and counsel for the prosecution took place:
"JUDGE GREY: It is Mr. Moulden, is it not, who owns the car which was damaged? Has the insurance company reimbursed him, do you Know, or do not you know?
"MR. KIRK: I cannot answer that question, your Honour. The officer in the case does not know.'…. I saw my car which was damaged. '…. I have received an estimate for the repairs of the car which total £209.96 …..' — excluding V.A.T., and other expenses were £14.20p." counsel was quoting from a statement made by Mr. Moulden, and that was the only evidence.
When it came to sentencing, the Judge ordered the £100 compensation in these words: "So far as compensation is concerned I will make a compensation order for £100 in view of what your counsel told me, and how that is to be paid will be...
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