|
Howden v Ministry of Transport CA195/87 () NZCA 113; () 2 NZLR 747; (1987) 2 CRNZ 417 is a cited case in New Zealand regarding trespass and the defence of implied licence to enter a property ==Background== Howden, one early Sunday morning, was driving home to his parents house in Mosgiel. Unbeknown to him, a MOT traffic officer was following him with the intent to do a random stop on him. However, before the traffic officer could pull him over, he had reached his destination, and had pulled up his parents driveway and entered the house. The traffic officer then parked his car up the driveway and proceeded to talk to Howden. Howden was then asked to sit in the patrol car whilst his driving licence details were checked. The officer then parked his car on the Road (a public place), where Howden admitted he had consumed alcohol. As a result of this statement, he was ordered him to perform a breath test, which he failed. He was charged and later convicted of the offence of driving under the influence of alcohol, being fined $250 and disqualified from driving for 6 months. Howden subsequently appealed the conviction unsuccessfully to the District Court, on the basis that the breath test was illegally obtained as a result of the traffic officer trespassing, and appealed this time to the High Court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Howden v Ministry of Transport」の詳細全文を読む スポンサード リンク
|