[2007] EWCA Crim 926
It was for a judge rather than a jury to decide on the criminal standard of proof, with the burden resting on the prosecution, whether "an accident" had occurred within the meaning of the Road Traffic Offenders Act 1988 s.2 , which would obviate the requirement under s.1 of the Act for the service of notice of intended prosecution on an individual charged with dangerous driving.
CA (Crim Div) (Scott Baker LJ, Openshaw J, Sir Richard Curtis)
26/04/2007