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PostPosted: Wed May 30, 2007 6:50 pm 
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Joined: Thu Nov 04, 2004 5:53 pm
Posts: 10381
It would seem luck was on this drivers side when he got his conviction squashed. three times he failed to turn up at court and was sentenced inhis absence but he had the last laff when he got the sentenced quashed.
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R. v AFAN JUSTICES, EX PARTE CHAPLIN (1983)

DC

CRIMINAL PROCEDURE - ADMINISTRATIVE LAW

Application for certiorari to quash fine & disqualification imposed on taxi driver in his absence after court had adjourned hearing thrice at his request


Application for certiorari to quash fine & 6 months disqualification imposed on taxi driver in his absence after court had adjourned hearing thrice at his request.

HELD: Case distinguishable from R. v Macclesfield Justices, ex parte Jones in that had been no indication that there were any special reasons for not disqualifying in that case whilst in the present case (a) defendant would become unemployed (b) his car had been stolen (c) he had no money for train fare to the court (d) justices were not addressed by applicant or anyone on his behalf. S.26(2) Criminal Justice Act 1967 had not been complied with. Application granted although no failure of natural justice.
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