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Where an attempt had been made under the influence of excess alcohol to drive a car, in establishing whether there were any special reasons why the motorist should not be disqualified it was necessary to look at what was intended and not merely at what was achieved.
A realistic prospect of conviction is an objective test. It means that a jury or bench of magistrates or judge hearing a case alone, properly directed in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a separate test from the one that the criminal courts themselves must apply. A court should only convict if satisfied so that it is sure of a defendant’s guilt.