AG -v- Coote [2013] JRC 242 (29 November 2013)
- Citation
- [2013] JRC 242
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appropriate sentence for driving whilst unfit and failing to stop is a fine, with disqualification and default detention for non-payment, as per Magistrate's Court Guidelines.
Court disposition
convicted and sentenced
Orders
- Fine of £650 for Count 1 (driving whilst unfit)
- Fine of £100 for Count 2 (failing to stop)
- Total fine of £750 payable at £30 per week
- Default sentence of 2 months' youth detention for Count 1
- Default sentence of 2 weeks' youth detention for Count 2, concurrent
- Disqualified from driving for 12 months from today
02
Material facts
Parties
Unknown Defendant
DefendantUnknown Prosecution
ProsecutionAmounts and remedies
- Fine for Count 1: GBP 650
- Fine for Count 2: GBP 100
- Total Fine: GBP 750
- Weekly Payment Rate: GBP 30
- Default Youth Detention for Count 1 (months): 2
- Default Youth Detention for Count 2 (weeks): 2
- Driving Disqualification (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for driving whilst unfit
- 02
appropriate sentence for failing to stop when required by police
05
Court’s reasoning
Legal principles
- 01
Magistrate's Court Guidelines 2007
Usual sentence for driving whilst unfit is a fine
06
Ratio, limits and disposition
Ratio decidendi
The appropriate sentence for driving whilst unfit and failing to stop is a fine, with disqualification and default detention for non-payment, as per Magistrate's Court Guidelines.
Obiter and limits
- Liberty to apply if payment rate causes difficulty due to other outgoings
Court disposition
convicted and sentenced
- Fine of £650 for Count 1 (driving whilst unfit)
- Fine of £100 for Count 2 (failing to stop)
- Total fine of £750 payable at £30 per week
- Default sentence of 2 months' youth detention for Count 1
- Default sentence of 2 weeks' youth detention for Count 2, concurrent
- Disqualified from driving for 12 months from today
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: 1. You are here to be sentenced now on a count of driving whilst unfit and a count of failing to stop when required by a police officer. The usual sentence for an offence of this kind in the Magistrate's Court would be a fine and we think that is the right sentence to impose upon you.
2. Accordingly, you are fined a total of £650 on Count 1 and £100 on Count 2, so that makes a total of £750, which you should pay at £30 per week and in relation to the fine of £650 there will be a default sentence of 2 months' youth detention and on Count 2 there is a default sentence of 2 weeks' youth detention, concurrent. You are also disqualified from driving for a period of 12 months to run from today.
3. There is liberty to apply, of course, if there should be a difficulty in payment at that rate because of any other outgoings which we are not aware of. Authorities Magistrate's Court Guidelines 2007. Page Last Updated: 17 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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