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Hill v Baxter

[1958] 1 QB 277

Case summary last updated at 11/01/2020 17:50 by the Oxbridge Notes in-house law team.

Judgement for the case Hill v Baxter

D ignored a road sign that said “halt” and carried on, causing his van to crash. He was charged with dangerous driving. D said he had had a “black out” and was not in control of his actions. Two inconclusive medical reports were submitted. The magistrates allowed this and acquitted him. QB allowed the prosecution’s appeal, saying that D had failed to prove a state of automatism and that the onus was on D to so prove. Also they said that unless statute provides, medical evidence has no place in establishing mental conditions: it is to be deduced from evidence under oath. 

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