Guernsey Judgment 10/2010 - U Bergmanis v Law Officers of the Crown

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Criminal appeal from the Magistrate's Court - appeal from conviction for being in charge of a motor vehicle with excess alcohol - statutory defence pleaded that there was no likelihood of the defendant driving while the proportion of alcohol in his breath still exceeded the prescribed limit - finding on the facts (as opposed to the law) in the court below could only be set aside if perverse - credibility of the defendant's evidence - appeal dismissed