Wilkinson, R v, Court of Appeal - Criminal Division, September 13, 2018, [2018] EWCA Crim 2154

Resolution Date:September 13, 2018
Issuing Organization:Criminal Division
Actores:Wilkinson, R v
 
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Neutral Citation Number: [2018] EWCA 2154 (Crim)

Case no. 2017/05317/B2

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London

WC2A 2LL

Date: Thursday 13th September 2018

B e f o r e:

LORD JUSTICE FLAUX

MRS JUSTICE CHEEMA-GRUBB DBE

and

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R E G I N A

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JAMES WILKINSON

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Computer Aided Transcript of Epiq Europe Ltd,

165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk

(Official Shorthand Writers to the Court)

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Miss S Sivakumaran appeared on behalf of Appellant

Mr R Job appeared on behalf of the Crown

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J U D G M E N T(Approved)

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LORD JUSTICE FLAUX:

  1. On 3rd November 2017 in the Crown Court at Blackfriars, following a trial before His Honour Judge Richardson and a jury, the appellant (now aged 58) was convicted of false imprisonment and dangerous driving. On the same day he was sentenced on each count to concurrent terms of four months' imprisonment suspended for twelve months, with a 210 hour unpaid work requirement, and he was disqualified from driving for two years.

  2. He now appeals, with the leave of the single judge, against the conviction on the count of false imprisonment only.

  3. The facts may be summarised as follows. The appellant is a London taxi driver. On 22nd March 2017 the complainant, Helia Ebrahimi, hailed his black cab outside her workplace, ITN, on Gray's Inn Road and asked to travel to Notting Hill - a journey which normally took about 30 minutes and cost her between £18 and £24. She was talking on her mobile phone to her boyfriend. It was cold in the cab so she asked the appellant to turn on the heating. He told her that she could turn it on. She pressed the button, but the heater blew out cold air. She complained and a dispute ensued. This was about five minutes into the journey, when the cab was on Hunter Street, north of the Brunswick Square Shopping Centre.

  4. The complainant's evidence was that the appellant said that she could get out of the cab if she was going to complain. She said that if he was going to drop her there she would not be paying the fare, which was then about £5. She asked to get out. He said that he would not let her out but would return her to where he had picked her up. Her evidence was also that he then said that he would take her to the police station, which she invited him to do. She tried to get out, but the door was locked. She then started to film the incident on her mobile...

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