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Successful appeal of driving disqualification did not render conviction unfair
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Court of Appeal dismisses appeal of High Court order refusing to quash criminal conviction after the Court of Appeal had ruled that a disqualification from driving for a period of forty years was unjustifiable, on the grounds that: a) the argument that the effect of the order of the Court of Appeal is that a conviction is now recorded against the applicant, but without the imposition of a consequential disqualification order, was without merit; and b) if it was perceived that a major difficulty had arisen, the way to deal with it was by bringing the matter back before the Court of Appeal at the earliest possible moment, which had not occurred in this case.
Criminal law – judicial review – appeal of High Court order refusing to quash criminal conviction – whether the disqualification from driving for a period of forty years was wholly unreasonable and was contrary to law – Court of Appeal considered the imposition of the 40-year disqualification to be unjustifiable – whether the effect of the order of the Court of Appeal is that a conviction is now recorded against the applicant, but without the imposition of a consequential disqualification order – res judicata – appeal dismissed.
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