Morris v Director of Public Prosecutions, Court of Appeal - Administrative Court, November 14, 2008, [2008] EWHC 2788 (Admin)

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Morris v Director of Public Prosecutions, Court of Appeal - Administrative Court, November 14, 2008, [2008] EWHC 2788 (Admin)

Neutral Citation Number: [2008] EWHC 2788 (Admin)

Case No: CO/3608/2008

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 14/11/2008

Before:

THE HONOURABLE MRS JUSTICE SLADE DBE

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Between:

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(Transcript of the Handed Down Judgment of

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Nigel Ley (instructed by Byrne Frodsham & Co) for the Appellant

Caterina Gianota (instructed by CPS Merseyside) for the Respondent

Hearing date: 27th October 2008

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JudgmentThe Honourable Mrs Justice Slade:

1. The Appellant, Jamie Morris, appeals by way of case stated from the dismissal on 9th November 2007 by the Crown Court at Liverpool (His Honour Judge Lyon and magistrates) of his appeal against conviction on 21st September 2006 of an offence of driving with excess alcohol in his blood contrary to Section 5(1)(a) of the Road Traffic Act 1988. The Crown Court refused to stay the prosecution as an abuse of process. It posed two questions for the op...

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