![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Queen's Bench Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (QB) (23 January 2009) URL: https://www.bailii.org/ew/cases/EWHC/QB/2009/87.html Cite as: [2009] EWHC 87 (QB) |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Strand, London, WC2A 2LL |
||
B e f o r e :
MR JUSTICE MADDISON
____________________
MICHAEL LORD-CASTLE |
Appellant |
|
- and - |
||
DIRECTOR OF PUBLIC PROSECUTIONS |
Respondent |
____________________
Ethu Crorie (instructed by CPS Hampshire) for the Defendant
Hearing date: 3rd December 2008
____________________
Crown Copyright ©
Mr Justice Maddison :
"Where the defendant to an information or complaint relies for his defence on any exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint in the enactment creating the offence or on which the complaint is founded, the burden of proving the exception, exemption, proviso, excuse or qualification shall be on him; and this notwithstanding that the information or complaint contains an allegation negativing the exception, exemption, proviso, excuse or qualification".
It has not been disputed that the effect of this provision was to impose on Mr Lord-Castle the burden of proving, on the balance of probabilities, that the vehicle concerned was "used for ambulance purposes" and was therefore lawfully fitted with a siren.