Griffiths v Director of Public Prosecutions, Court of Appeal - Administrative Court, March 22, 2007, [2007] EWHC 619 (Admin)

Extract

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Griffiths v Director of Public Prosecutions, Court of Appeal - Administrative Court, March 22, 2007, [2007] EWHC 619 (Admin)

Neutral Citation Number: [2007] EWHC 619 (Admin)

Case No: CO/762/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 22/03/2007

Before :

LADY JUSTICE SMITH

MR JUSTICE GROSS

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Between :

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Michael Shrimpton (instructed by Motor Defence Team) for the Claimant

Richard Bendall (instructed by CPS Surrey) for the Defendant

Hearing date: 8 March 2007

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Judgment

Lady Justice Smith : This is the judgment of the Court.

1. This is an appeal by way of case stated by Brian Leslie Griffiths against his conviction by the North Surrey Justices on 30th October 2006 for a speeding offence which occurred on the A3 trunk road, Esher Bypass. The allegation was that the appellant drove his LDV goods vehicle GN54 PLV at a speed in excess of the 50mph speed limit. The prosecution relied on a reading taken by a Gatsometer BV Type 24 speed camera, a device approved by the Secretary of State under the Road Traffic Offenders (Prescribed Devices) Order 1992.

2. The statement of case recorded that the court heard evidence from Mr Perman a camera technician authorised by the Chief Constable. He said that a Gatsometer device placed on the Esher Bypass had recorded a speed of 81 mph at 6.12am on 5th October 2005. The registration number of the vehicle was GN54 PLV. Later, the appellant had signed and returned a notice issued under section 172 of the RTA 1988 admitting that he had driven that vehicle on that road on that day.

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