Charges dropped on the basis of private land

Mr L was charged with offences of driving without due care and attention, failing to stop and failing to report. It was alleged that the defendant had a collision on a private driveway, and subsequently failed to stop and exchange details and/or report the incident to a police station within 24 hours.

Patterson Law made representations to the Police on the basis that the offence took place on private land and therefore no criminal offences had been committed.

After considering the facts of the case, the Police agreed to take no further action. The alleged offences can only be committed on a road or public place (a public place is a place to which the public have and utilise access).

It was agreed in this case that the private driveway was neither a road nor a public place and therefore no criminal offences were committed.