AG v Caires [2024] JRC 281 (13 December 2024)

JUDGMENT THE BAILIFF: 1. We will give further reasons in writing for our decision in due course. In general, however, we think that the Crown's assessment of the appropriate sentence in terms of imprisonment is somewhat too high and in normal circumstances, a sentence of 2 year's imprisonment would be appropriate.

2. However, we think that the available mitigation which includes very clear and genuine remorse, taken with what we regard as wholly inexcusable delay which we see as a material extra punishment already suffered by this Defendant, together with the clear recommendation in the Pre-Sentencing Report, enables us to take an exceptional course and impose a sentence of community service in this matter.

3. Accordingly, you are sentenced as follows:- (i) Count 1 driving a motor vehicle with alcohol concentration above the prescribed limit, 50 hours' community service, which is the equivalent to 1 month imprisonment to run concurrent together with 18 months' disqualification from driving with the requirement to retake the driving test; (ii) Count 2 causing serious injury by dangerous driving, 312 hours community service, the equivalent of 2 years' imprisonment with a 2½ years' disqualification from driving with the requirement to retake the driving test; and (iii) Count 3 failing to stop and report an accident, 100 hours' community service, the equivalent of 4 months' imprisonment also concurrent making a total of 312 hours of community service with a 2.5 years' disqualification from driving dating from 26 September 2024 with a requirement to retake the test.

4. We make as we already indicated no recommendation for deportation and that concludes the decision of the Court, further reasons will be handed down in due course. Authorities Road Traffic (Jersey) Law 1956 AG v Wilkinson [2023] JRC 042 AG v Arnold [2023] JRC 064 Camacho v AG [2007] JLR 462 Criminal Justice (Compensation Orders)(Jersey) Law 1994 Magistrate's Court Sentencing Guidelines - Motoring AG v Figueira [2007] JRC 136 AG v Cardoso, Santos and Silva [2014] JRC 206 AG v B [2018] JRC 050 AG v Koradi [2014] JRC 073 Page Last Updated: 15 Jan 2025 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII