A JET-skier jailed under merchant shipping laws after injuring a father of two in a collision must wait for the outcome of his Appeal Court bid to clear his name.

In a unique test case, Mark Goodwin is also appealing against his sentence after he was jailed for six months at Bournemouth Crown Court in August this year.

Goodwin, 25, of Glebe Close, Weymouth, admitted a charge under the 1995 Merchant Shipping Act after the Crown Court judge ruled a jet-ski could be classed as a ship - technically the same as a tanker or cruise liner.

But his barrister, Lionel Persey QC, argued Goodwin only admitted the offence after the judge had erred on that critical legal issue.

Yesterday the nation's most senior judge - the Lord Chief Justice, Lord Phillips - sitting with Mrs Justice Rafferty and Mr Justice MacKay, reserved their decision on Mr Goodwin's appeal and will now give their ruling at a later date.

Goodwin was driving a three-seater jet-ski known as a Yamaha Wave Runner at Bowleaze Cove, near Weymouth, when it crashed into the starboard side of Paul Facer's stationary jet-ski, hit the 41-year-old lorry driver in the head and knocked him unconscious.

Mr Facer of Parkstone was rescued by other jet-skiers and remained unconscious for two days and underwent operations on his face.

Goodwin was prosecuted under the Merchant Shipping Act, the charge stating that while "being a master of a ship he committed an act which caused serious injury by breaking or neglecting any duty".

Arguing that a jet-ski is not a ship, Mr Persey told the Appeal Court: "The issues that must be addressed are whether Mr Goodwin's jet-ski is a sea-going ship and, if it is a seagoing ship, does the defendant fall into the category of a master. In our view the answer is no."

But Nigel Teare QC, for the Crown, said Goodwin could be classed as a "master" as the Act states that a "master does not have to be employed by the vessel's owner".

Mr Teare said the Act provides a "wide definition" as to what is a ship. He added: "The craft has a boat-like hull and it's obvious this craft is a vessel."

No date was set for the Appeal Court's ruling on the appeal.

First published: November 11