Special reasons
| Pages | 505-578 |
| Author | Pauline M. Callow |
Chapter 10
Special Reasons
See s 34, Road Traffic Offenders Act 1988 – disqualification for a minimum
period for certain offences unless the court for special reasons thinks fit to
disqualify for a shorter period or not at all.
1. THE MEANING OF “SPECIAL”
Whittall v Kirby
[1947] KB 194, [1946] 2 All ER 552, November 1946, KBD (DC)
The four criteria for finding special reasons.
The defendant had pleaded guilty to driving while under the influence of drink,
contrary to s 15, Road Traffic Act 1930. He argued that there were special reasons
for not disqualifying, under s 15(2), Road Traffic Act 1930. The magistrates had
no knowledge of any previous motoring convictions against the defendant; they
found that retention of his licence was essential to his livelihood; in setting the
fine they took account of that fact that they did not intend to disqualify him. They
did not disqualify. The prosecutor appealed.
HELD: “… none of the facts found by the justices can amount to a special
reason …
“… The limited discretion [not to disqualify] must be exercised judicially. The
reasons inducing the court to exercise it must be special, and special is the
antithesis of general. The facts that a man is a first offender or that he has
committed no motoring offence for many years are reasons of the most general
character … There is no indication in the Act that Parliament meant to draw any
distinction between drivers who earn their living by driving or who drive for
purposes connected with their business and any other users of motor cars …
“What then can be said to be a special reason beyond saying that it must be
one that is not of a general character? … the reasons must be special to the
offence, and not to the offender … [Quoting from the judgment in the Northern
Ireland case of R v Crossan [1939] 1 NI 106] ‘A “special reason” within the
exception is one which is special to the facts of the particular case, that is, special
to the facts which constitute the offence. It is, in other words, [1] a mitigating or
extenuating circumstance, [2] not amounting in law to a defence to the charge,
yet [3] directly connected with the commission of the offence, and [4] one which
the court ought properly to take into consideration when imposing punishment.
506 10. Special Reasons
A circumstance peculiar to the offender as distinguished from the offence is not
a “special reason” within the exception.’ I respectfully and entirely agree with and
adopt this passage … .”
Appeal allowed.
Chatters v Burke
[1986] 1 WLR 1321, [1986] 3 All ER 168, [1986] RTR 39 6, 17 June 1986,
QBD (DC)
Seven-point checklist for assessing whether special reasons exist. See also the
cases under the heading “The Distance Driven and the Degree of Danger”,
page 540 et seq, where the checklist was applied.
The defendant had pleaded guilty to, inter alia, driving with excess alcohol,
contrary to s 6(1)(a), Road Traffic Act 1972 as substituted by s 25 and Sch 8,
Transport Act 1981. He had been to a party. On leaving, he thought he had had
too much drink and asked someone else to drive. The driver lost control; the car
left the road and stopped in a field. The defendant then drove the car off the field
and back onto the road; he immediately stopped the car, which now had a flat
tyre, got out, and waited for the police. Breath analysis later revealed 51 µg
alcohol in 100 ml breath.
The justices accepted the defendant’s submission that there were special reasons
for not disqualifying under s 93(1), Road Traffic Act 1972, on the ground of
the very short distance driven. They did not disqualify him from driving. The
prosecutor appealed.
QUESTION(S) FOR THE COURT: Whether on the facts the justices came to a
correct determination and decision in point of law.
HELD: “… seven matters … ought to be taken into account by justices [on] a
submission … that special reasons exist … First of all they should consider
how far the vehicle was in fact driven; secondly, in what manner it was driven;
thirdly, … the state of the vehicle; fourthly, whether it was the intention of
the driver to drive any further; fifthly, the prevailing conditions with regard to the
road and the traffic upon it; sixthly, whether there was any possibility of danger
by contact with other road users; and finally, what was the reason for the vehicle
being driven at all.
“Of those seven matters … item six [is] the most important, but clearly the
distance which is driven is of itself not a sufficient determinant as to whether
special reasons should be found or not.
“[Looking at] the matters which the justices took into account, … The distance
actually driven … was very short and that which he drove upon the highway was
minimal. The manner of his driving is not commented upon as having caused any
difficulty. The state of the car, apart from its flat tyre, was without any particular
unusual feature …
Emergencies 507
“… [The defendant] was not intending to drive the vehicle further … The
conditions of the road are not spelt out in the case … As to the possible risk of
danger, the justices clearly had in mind the shortness of the travel upon the
highway; and as to the reason for moving the vehicle, the defendant said that he
had thought that it was the right thing to do …
“Reviewing the decision of the justices against the seven criteria to which I have
made reference, it seems to me that there was more than one factor taken into
account here and that the evidence was sufficient to justify the view which the
justices took.”
Appeal dismissed.
2. EMERGENCIES
Taylor v Rajan; Fraser v Barton
[1974] QB 424, [1974] 2 WLR 385, [1974] 1 All ER 1087, [1974] RTR 304,
[1974] Crim LR 188, 21 January 1974, QBD (DC)
Where the facts disclose a special reason, that does not mean that the driver
automatically escapes disqualification. When exercising the discretion whether
or not to disqualify on the grounds of emergency, the court must consider,
objectively, all the circumstances, and distinguish the outward and return
journeys. On the facts of these cases, the drivers should have been disqualified.
In both cases a motorist had pleaded guilty to driving with excess alcohol,
contrary to s 6(1), Road Traffic Act 1972, but argued that there were special
reasons for not disqualifying under s 93(1), Road Traffic Act 1972.
In Taylor v Rajan, the defendant was suffering from influenza and had arranged
for someone else to take his place at one of the restaurants he managed; he was at
home and intended to remain there; he had been drinking brandy. He received a
telephone call saying his deputy was himself ill and unable to be at work; there
was no responsible person at the restaurant to secure the premises and remove the
cash. The defendant therefore drove to the restaurant. He could have asked his
father, who owned the restaurant, to go, but he preferred not to trouble his father.
The defendant stayed at the restaurant for 1½ hours, and did not drink while there.
He was stopped for speeding while driving home, and blood analysis later
revealed 102 mg alcohol in 100 ml blood.
In Fraser v Barton, the defendant returned home at 11.30 pm, having consumed
a large amount of alcohol. At 1.30 am he received a telephone call from a friend
who said she was having serious domestic trouble and asked him to go and see
her at once; he telephoned for a taxi but could not get one; he called the only
minicab number he had, but there was no answer. He then drove to his friend’s
home; he was stopped while driving on his return journey, and blood analysis
later revealed 230 mg alcohol in 100 ml blood.
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