Smith (Nicholas) v DPP (Note)

JurisdictionEngland & Wales
Year1992
Date1992
CourtDivisional Court
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4 cases
  • DPP v Pearman
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
  • DPP v Brodzky (Note)
    • United Kingdom
    • Divisional Court
    • Invalid date
  • R Falzarano v The Crown Prosecution Service
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 October 2000
    ...point was taken by the justices themselves on their own initiative. In Smith (Nicholas) v Director of Public Prosecutions (Note —1989) [1992] RTR 413 the justices had failed to make the causal connection between the nervousness of the appellant and the inability to provide a specimen. As St......
  • DPP v Ellen Wyn Grundy
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 3 May 2006
    ...in every case. That has been made plain in the judgment of Stocker LJ in Smith (Nicholas) v Director of Public Prosecutions (Note —1989) [1992] RTR 413, 419B-C: 'It would seem to me that in the vast majority of cases at least it will be necessary to have some medical or other expert evidenc......
2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Drink and Drug Drive Case Notes Preliminary Sections
    • 29 August 2015
    ...Smith (Ian Philip) v DPP [1990] RTR 17, DC! 496 ............................................... Smith (Nicholas Paul) v DPP [1992] RTR 413, DC! 251 .......... Smith (Robert James), DPP v [1999] EWHC 836, [2000] RTR 341, DC! 54 , 78 . Smith (Roger), R v [1975] AC 476, [1974] 2 WLR 1, [1973] ......
  • Reasonable Excuse
    • United Kingdom
    • Wildy Simmonds & Hill Drink and Drug Drive Case Notes Contents
    • 29 August 2015
    ...belief … was not capable of constituting a reasonable excuse …” The answer to (e) was “no”. Appeal allowed. Smith (Nicholas Paul) v DPP [1992] RTR 413, 28 April 1989, QBD (DC) In the absence of medical evidence, nervousness or stress is unlikely to be accepted as a reasonable excuse for fai......

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