AG -v- Warder [2018] JRC 009 (11 January 2018)

JUDGMENT THE BAILIFF: 1. You are charged here with driving dangerously and with failing to provide a specimen of blood when required to do so. The circumstances of the dangerous driving were that you were driving home at 1am on Sunday morning, about eleven months ago to the day, and you did not have your headlights on; and you were driving, on your own admission, faster than the speed limit although the extent of that speed is not established. You lost control and had a serious crash.

2. In so far as the refusal to give a sample is concerned you assert that you were dis-orientated after the collision but the fact is that you were not so disorientated that you were able to tell the police at the time that you would rather speak to a lawyer before giving the sample which is your obligation.

3. Before going any further we would just like to say that we have noted the actions of the witnesses who turned round to follow you from the traffic lights at Georgetown and the wife, being a qualified first-aider, was going to see if she could help. The Court would like to commend them for their good citizenship.

4. The Crown has relied on causing death by dangerous driving cases; we consider these fall into a different category. The fact of taking a life means that the Court has to consider directly the impact of the criminality on an innocent family. Nonetheless the aggravating factors which are listed in the Court's judgment in the case of AG-v-Luis [2007] JRC 233 at paragraph 11 are relevant to the Court's assessment of culpability. We have had regard to the sentencing guidelines in the Magistrate's Court where the majority of these offences are dealt with.

5. This was some very dangerous driving, you could have killed or injured yourself or others. It was at a speed in excess of the limit, without lights, in a built up area, and the fact that you lost your temper is absolutely no excuse. It actually probably makes the driving worse. Your refusal to give a sample is a serious offence and also passes the custody threshold. In both cases custody could have been justified.

6. We have had regard to the mitigation advanced by counsel including your guilty plea and the time it has taken for this matter to come to Court.

7. The sentence of this Court is that you should serve 60 hours' Community Service on each count, consecutive, making a total of 120 hours' community service and there would be 8 months' imprisonment in default if you do not perform it. I make that quite clear, if there is any problem at all in the performance of community service you are liable to be brought back to this Court and sentenced to 4 months' imprisonment on each count. You will also be disqualified from driving from today for a period of 12 months and at the end of that period you will have to retake the driving test. In fixing that disqualification period we have had regard to the fact that you have been disqualified already since September and that you have not driven from the period of the accident for two months as your counsel has indicated. Authorities Road Traffic (Jersey) Law 1956. AG-v-Pacheco [2016] JRC 220A . AG-v-Hall [2013] JRC 248 . AG-v-Luis [2007] JRC 233 . R-v-Cooksley [2003] EWCA Crim 996 . Magistrate's Court Guidelines extracts. Page Last Updated: 18 Jan 2018 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII