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Conviction of alternative driving offence available for convicted individuals pending appeal
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The Supreme Court has allowed an appeal from the Court of Appeal, ruling that an individual who has been convicted by the District Court and is appealing to the Circuit Court is still considered a "person charged with an offence" under s. 5(6) of the Road Traffic Act 2010. This interpretation allows the Circuit Court to convict the appellant of an alternative offence under s. 4(4) of the same Act, even though the appellant was not initially charged with this offence. The Supreme Court found that the presumption of innocence and the requirement for the prosecution to prove the case beyond reasonable doubt during the appeal means the appellant remains "charged" with the offence. Consequently, the Supreme Court answered in the negative to the questions posed by the Circuit Court Judge regarding the breach of due process and the significance of such a breach.
Supreme Court, Road Traffic Act 2010, person charged with an offence, conviction, appeal, Circuit Court, District Court, alternative offence, presumption of innocence, statutory interpretation, s. 5(6) RTA, s. 4(4) RTA, due process, consultative case stated, mutual exclusivity of offences, double jeopardy, right of appeal, re-hearing, substitution of verdict.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
