Road, Public Place Etc Flashcards
Define a road
Includes a public road and any street, carriageway, highway or roadway to which the public has access
Define public rd
Included any part of a public road and any bridge or tunnel over or through which a public rd passes.
Art 2: a road which is maintainable by the department and includes any part of a rd etc (as above)
Define public place
Any place to which the public have access whether expressed or implied
R v Waters
If only a restricted class of person is permitted then it’s private.
If only a restricted class of person is excluded then it’s public
Pugh v Knipe
Land owned by a private club outside front entrance and not separated from private car park is private
Capell v DPP
An off the road parking bay immediately adjacent to a public highway is public
R v Collinson
Private field to which public were temporarily invited to watch racing was held to be public place
Montgomery v Loney
Forecourt of a petrol station is public if it has carriageways with unobstructed entrances and exits