Wann Loses Case : Fines Justified
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THE Judiciary Appeal Court in Edinburgh last week rejected the appeal of John Wann, Main Street, Perthshire, haulier, against the imposition at Perth Sheriff Court of fines totalling £825 after he had admitted 449 offences under the Road Traffic Act (The Commercial Motor, June 15).
The offences included 99 of permitting drivers to work too long without rest. and 331 of failing to comply with the conditions of his B licence. As reported in the June 29 issue, the appeal was lodged as a test case on the application of cumulo fines.
Giving the leading judgment, Lord Clyde ruled that it was competent to embody a whole series of offences in one complaint, and that a Sheriff-substitute was entitled to impose a fine in cumulo exceeding the maximum for any one offence. The appellant was liable to accusations to fines amounting in cumulo to £21,440. The Sheriffsubstitute had heard arguments on the extent and amount of the penalties which could be imposed, and announced a series of fines totalling £825.
Lord Clyde said that if the appellant's arguments were to succeed, it would mean that in future each offence would require to be embodied in a separate complaint, and the matter brought before the Sheriff-substitute as a whole.
"I decline to sanction a course which would produce so cumbrous and wasteful form of procedure," said Lord Clyde, "nor do I consider that Parliament ever envisaged such a result. It seems to me that by embodying all the charges in one complaint, so that they can all be considered together, justice can much more clearly be done."
Lords Carrnont and Sorn concurred.