Gearing v Director of Public Prosecutions, Court of Appeal - Administrative Court, June 16, 2008, [2008] EWHC 1695 (Admin)

Reporting Judge: [2008] EWHC 1695 (Admin)

President: Gearing v Director of Public Prosecutions

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Gearing v Director of Public Prosecutions, Court of Appeal - Administrative Court, June 16, 2008, [2008] EWHC 1695 (Admin)

SMITH BERNAL WORDWAVE

CO/2408/2008

Neutral Citation Number: [2008] EWHC 1695 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

DIVISIONAL COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Monday, 16th June 2008

B e f o r e:

LORD JUSTICE LATHAM

MR JUSTICE NELSON

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Between:

GEARING

Claimant

DIRECTOR OF PUBLIC PROSECUTIONS

Defendant

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Computer-Aided Transcript of the Stenograph Notes of

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Mr J Madden (instructed by Owen White & Catlin) appeared on behalf of the Claimant

Mr R Bendall (instructed by CPS Guildhall) appeared on behalf of the Defendant

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J U D G M E N T1. MR JUSTICE NELSON: The appellant appeals against the decision of His Honour Judge Addison sitting with two Justices on 7th June 2006 when her appeal against conviction for failing to supply a specimen of breath contrary to section 7(6) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988 was dismissed.

2. The first matter that needs to be consider...

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