Page 640 - Driving Ban Simulation 1

Is it a domestic policy?
What are we talking?
MR KENNEDY: It’s this -- it’s his policy.
THE RECORDER: It’s his policy. And has he got a copy of it?
MR KENNEDY: Yes. We’ve got a copy available.
THE RECORDER: Could — could — could we see a copy of it —
MR KENNEDY: Sure.
THE RECORDER: whilst this is going on so that we can at least have a look at what’s --
happening.
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220,
MR KENNEDY: Mm.
THE RECORDER: If you’d like to hand it to the clerk, maybe she’d be good enough to copy it
for us and bring it through to us. We’ll rise until you’ve sorted it out.
MR POTTINGER: Yes.
MR KENNEDY: I’ve got spare copies so
THE RECORDER: Oh, thank you. That’s even better. Good. Thank you very much. Let us
know as soon as you’re ready.
MR POTTINGER: Yes.
(There followed a short adjournment)
THE RECORDER: How are you doing, Mr Pottinger?
MR POTTINGER: Your Honour, I think gut-feeling is the right feeling so -- we didn’t find a
case directly on point, but I think just looking at it very carefully and
standing back, because the use has to be proved then it’s the
THE RECORDER: Yes.
MR POTTINGER: And that’s the fairest way of dealing with it in any event.
THE RECORDER: So, the issue as far as the Crown is concerned is whether or not he was
working at the time?
Is that it?
MR POTTINGER: Yes.
THE RECORDER: Because
MR POTTINGER: Or whether he was -- well, whether he was using the vehicle for work
purposes.
THE RECORDER: Yes. What concerns me is — is whether or not we in any event have
enough information. Because this is merely the certificate of motor
insurance. There should be a schedule of motor insurance. Is that
available?
The actual policy. Because it is the experience of those on the Bench that
on occasions it is very difficult to ascertain the point that’s being made
here and that the policy itself may have a different specification to that set
out on the certificate. In other
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221,
THE RECORDER: words, if KGM were asked “In the circumstances that we, the defence, put
before you, were this man insured?”
and the answer is “Yes” then how can this court adjudicate on this matter
now in the absence of that information?