AG -v- R [2016] JRC 185A (14 October 2016)
- Citation
- [2016] JRC 185A
- 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 court imposed a fine for Count 2 and a suspended prison sentence for Count 4, with a mandatory driving disqualification, as no special circumstances were found to exempt the defendant from disqualification.
Court disposition
convicted and sentenced
Orders
- No separate penalty for Count 1.
- Fine of £600 or 6 weeks' imprisonment in default for Count 2.
- Imprisonment of 4 months, suspended for 1 year for Count 4.
- Disqualification from driving for 36 months from 22 April 2016, with requirement to retake driving test.
- Fine to be paid as to £400 from monies held by the Viscount, balance at £30 per week.
02
Material facts
Parties
Unknown (Defendant)
DefendantAmounts and remedies
- Fine Imposed: GBP 600
- Imprisonment (months): 4
- Suspended Sentence Period (years): 1
- Driving Disqualification (months): 36
- Fine Paid From Viscount's Monies: GBP 400
- Fine Balance Weekly Payment: GBP 30
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate penalty for Count 2
- 02
appropriate sentence for Count 4
- 03
application of suspended sentence provisions
- 04
driving disqualification requirements
05
Court’s reasoning
Legal principles
- 01
Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003
Suspension of prison sentences in accordance with statutory provisions.
- 02
Road Traffic (Jersey) Law 1956
Mandatory driving disqualification where special circumstances do not apply.
- 03
Magistrate's Court Sentencing Guidelines, Part 1, Road Traffic Offences
Sentencing guidelines for road traffic offences.
06
Ratio, limits and disposition
Ratio decidendi
The court imposed a fine for Count 2 and a suspended prison sentence for Count 4, with a mandatory driving disqualification, as no special circumstances were found to exempt the defendant from disqualification.
Obiter and limits
- If the defendant commits a further imprisonable offence in Jersey during the suspension period, she will be liable to serve the suspended sentence in addition to any new punishment.
Court disposition
convicted and sentenced
- No separate penalty for Count 1.
- Fine of £600 or 6 weeks' imprisonment in default for Count 2.
- Imprisonment of 4 months, suspended for 1 year for Count 4.
- Disqualification from driving for 36 months from 22 April 2016, with requirement to retake driving test.
- Fine to be paid as to £400 from monies held by the Viscount, balance at £30 per week.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE commissioner: 1. For reasons which will be set out in a written judgment which will be supplied in due course, in relation to Count 1 we impose no separate penalty. In relation to Count 2 we impose a fine of £600 or 6 weeks' imprisonment in default. In relation to Count 4 we impose a sentence of imprisonment of 4 months', suspended for a period of 1 year from todays' date, in accordance with the provisions of Article 2 of the Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003.
2. We need to explain to the defendant that if she commits a further offence in Jersey, punishable by imprisonment during this period of 1 year, then she stands to be imprisoned for this offence in addition to any punishment imposed for the further offence.
3. We do not find that special circumstances apply here and so the defendant will be disqualified from driving for 36 months' from the date of her conviction, namely 22 nd April, 2016, with a requirement to retake the driving test.
4. In summary, we impose a total fine of £600, a prison sentence of 4 months, suspended for 1 year, and a disqualification from driving of 36 months. The fine shall be paid as to £400 from the monies held by the Viscount, and the balance at a rate of £30 per week. Authorities Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003. Road Traffic (Jersey) Law 1956. Magistrate's Court Sentencing Guidelines, Part 1, Road Traffic Offences. Loureiro v AG [2015] JRC 154 . Page Last Updated: 02 Nov 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.