R v Jamieson Green Marshall

R v Jamieson Green Marshall

The Recorder erred in law by backdating the disqualification period and by failing to apply the statutory maximum for interim disqualification. The committal and sentence for the Bail Act offence were also unlawful due to procedural defects and statutory requirements. The Court substituted the correct period of disqualification and quashed the unlawful committal and sentence for the Bail Act offence, imposing a conditional discharge instead.

Parties
Appellant: Jamieson Green Marshall; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal and Judicial Review
Outcome
appeal allowed in part; judicial review granted; sentences varied
Legal Topics
Dangerous Driving, Sentencing, Interim Disqualification, Committal for Sentence, Bail Act Offence, Conditional Discharge
Criminal Law Road Traffic Law Judicial Review Dangerous Driving Sentencing Interim Disqualification Committal for Sentence Bail Act Offence +1 more

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Parties

Jamieson Green Marshall

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Judicial Review

Legal Issues

  1. 1 Whether the period of interim disqualification was lawfully counted towards the total disqualification period for dangerous driving
  2. 2 Whether the committal and sentence for the Bail Act offence were lawful

Ratio Decidendi

The Recorder erred in law by backdating the disqualification period and by failing to apply the statutory maximum for interim disqualification. The committal and sentence for the Bail Act offence were also unlawful due to procedural defects and statutory requirements. The Court substituted the correct period of disqualification and quashed the unlawful committal and sentence for the Bail Act offence, imposing a conditional discharge instead.

Court Disposition

appeal allowed in part; judicial review granted; sentences varied

Orders

  • Disqualification of 30 months quashed and substituted with 19 months and 25 days disqualification for dangerous driving
  • Order for re-test remains intact