768 CIVILIZATION V DRIVER

When the taxi stopped, Bradley Smith straightaway took the lead in the criminal enterprise. However, it is probable that he stopped in the line of traffic, somewhere along the area marked 'coach drop off', towards the front area marked for taxis, near the Renaissance Hotel.Ħ. From CCTV stills and from witness evidence, the exact location of his halt on Blackfriars Street cannot certainly be stated. He did not proceed to the destination, 'Urbis' (a short distance away), but stopped near the traffic lights towards the end of Blackfriars Street, to let his passengers out of the taxi. Nonetheless he told the occupants that the fare for the journey was 10, and asked for payment. Mr Ferrer from his experience immediately appreciated that the youths almost certainly intended to 'jump' his taxi. At this point, Connor Emery, pursuant to the criminal joint enterprise, put his hand on the door handle, realising that the taxi was close to the destination and in preparation for the planned 'jump'. The taxi drove into Manchester, coming down Blackfriars Street towards the junction with Deansgate. Robert Malloy, Bradley Smith and Luke Bullcock got into the middle row, and the two Claimants got into the back seats. When the taxi arrived Connor Emery got into the front passenger seat. The whole group was present when the agreement was made.ĥ.

Luke Bullcock said in his police interview: ' it was around 8 o'clock that Lewis, Joe and Brad came around and said do you fancy coming into town? We'll jump a taxi'. It was Bradley Smith who proposed that the group should 'jump the taxi' into Manchester. They would, as they put it in their street patois, 'jump the taxi', that is, take an appropriate opportunity at or near their destination to get out of the taxi and make off without paying the fare. Indeed that appeared to be the main point of the excursion into Manchester. The six youths had already agreed among themselves that no one of them would pay the eventual taxi fare. Mr Ferrer was asked to take the youths to 'Urbis', in Manchester city centre.Ĥ. They were the first claimant, Joseph Beaumont, then aged 17, the second claimant, Lewis O'Neill, also then aged 17, Connor Emery, Robert Malloy, aged 13, Bradley Smith, aged 14 and Luke Bullcock, aged 17. Mr Ferrer arrived at 109 Tootal Drive, and found six youths waiting for him at the bus stop across the road. The booking had been made from the house of the parents of Connor Emery, then aged 11. In the early evening of 27 July 2009 Mr Ferrer received a call from his control room, asking him to collect a fare from 109 Tootal Drive, Salford. Mr Ferrer did not lock the doors when passengers were being conveyed.ģ. If the minicab was fully occupied, space was restricted and there was limited head room between the tops of the seats and the roof. The mechanism for the seats was not easily found and was difficult to access for anyone sitting in the back seats.

The seat backs of the middle seats could be tipped forward and the seats lifted to allow anyone sitting on the back seats to leave the vehicle. There was one rear sliding door on each side, which did not extend to the rear row of seats. The middle and back rows were each capable of accommodating three passengers, although the middle row was divided. There were three rows of seats inside this minicab which I will call 'the taxi'. The vehicle was not powerful and had a relatively poor performance. He owned and drove a Nissan Serena minivan.

768 CIVILIZATION V DRIVER

The Defendant, David Ferrer, aged 59, was at the material time a very experienced, self-employed licensed taxi driver in Salford, who received work from Swan Taxis. I gratefully adopt the judge's account of the facts. Three of them succeeded but two others could not get out of the taxi at the same time and when they did they sadly sustained very serious injuries.

The appeal is about six young men in Salford deciding to 'jump' a taxi without paying the fare.