Mowe v Perraton [1952]
- Reported: [1952] 1 ALL E.R. 423; (1951) 35 CR. APP. R. 194, DC
- Year: 1952
- Court: Queen's Bench Division
FACTS:-
The Defendant was the driver of a lorry which was under hire to the Royal Army Service Corps at Woolwich Arsenal. He had standing instructions that, on finishing work at the Arsenal, he should drive the van back to the garage at Woolwich Dock. Instead of driving to the garage when he had finished work, he drove his van to his house, picked up a radiogram, and set out with the intention of taking it in the van to the house of a relative before driving the van to the garage. He was stopped by the police on the way.
He was charged with an offence under the Road Traffic Act 1930 s.28(1) in that he “did take and drive away a motor vehicle . . . without the consent of the owner or other lawful authority” and convicted.
Quarter sessions had allowed his appeal. The appeal was heard in the Queen’s Bench Division before Lord Chief Justice Goddard, Justice Jones and Justice Parker.
Held, on appeal to the Divisional Court, s.28 was intended to deal with the case of people who take motor-cars which do not belong to them, drive them away, and then abandon them, but here the respondent had taken and driven the motor vehicle as part of his work; what he did was unauthorised, but that did not make the taking or the driving away a criminal offence under s.28(1).
HELD:-
Lord Chief Justice Goddard was precise and addressed the issue immediately. In his opinion it was wrong to say that what he did was taking and driving away a motor vehicle without the consent of the owner within section 28.
Section 28, in his eyes, is intended to deal with the case of people who take motor cars which do not belong to them, drive them away, and then abandon them, because it is difficult to say that they intended to deprive the owner permanently of possession, but in the present case the Defendant had taken and driven the vehicle as part of his work.
Despite being unauthorised to drive his van home, it is not sufficient to make the taking or driving away a criminal offence under section 28 (1). He concluded that the West Kent Quarter Sessions came to the right decision and dismissed the appeal.
Justice John and Justice Parker agreed with Lord Chief Justice Goddard.
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