prosecution - BCE of D's previous
convictions s101(1)(d) ruled not
admissible under 1(d) (see
Hanson and s103)
both witnesses BCE of
previous is admitted under
s100(1)(a,b)
Good character - Vye direction
Galbraith submission
PACE - unfair?
Identification evidence Turnbull
Compellability?
Prosecution case theory
Annotations:
deliber
witnesses
Sam Gold
Deliberate bump
Sam gold WS - noticed car stationary directly before
Abusive from the start
WS/SG beeped was nothing until at the pay point
WS/JC confirms SG
pushed car into wall and
barged past causing damage
WS/SG hit wall scrape caused to offside rear bumper
Confirmed
Drove at the complainant
WS/SG jumped to avoid
JC confirms also
threatening
behaviour - fist
Saw Sam fall heavily but sam does not mention
Drove off dangerously
WS/SG through red light, u turn on withy grove
confirmed
caused damage and PI
WS/SG sore neck /bruised knee
consistent - medical report
JC medical report - lying
WS/SG - cost of repair £1546
no evidence - car not worth that
Defence case theory
witnesses
was not abusive
JC - You want to
learn to drive
accidental bump
JC - did not notice car
stationary before bump
they were being aggressive
didn't mean to intimidate fear of safety needed to get away
JC admits that she
told the driver he
should learn to
drive again
needed to pick child up
no idea how the knee happened
Did not aim the car at the complainant
Did not at any point drive dangerously
had a child in the car
the driver was on the phone - not due care and attention
at what point did he
phone? thought they were
phoning someone to
come and 'sort him out'
Annotations:
JC - phoned after the bump
Documents
Charges
ABH any act by which a person
intentionally or recklessly causes
another to apprehend immediate
personal danger - and that
caused actual bodily harm
bump
driving towards c?
Dangerous
driving - driving a
mechanically
propelled vehicle
dangerously on a
road or other
public place
Annotations:
dangerous- falls far below what would be expected of a competent and careful driver AND it would be obvious to a competent and careful driver that to drive in such a manner woudl be dangerous
car park
would have to be exceptional to be classed as a road