AG v Watts [2004] JRC 082 (07 May 2004)
- Citation
- [2004] JRC 082
- 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 defendant's history and the seriousness of the offences warrant suspension and fines, but efforts at reform justify a suspended sentence rather than immediate imprisonment.
Court disposition
convicted and sentenced
Orders
- 14 months suspension from driving for count 2 (driving under the influence) from 5th September last
- £50 fine or 2 weeks' imprisonment for each of counts 3 and 4 (other driving offences), with ten weeks to pay at £10 per week
- 6 months' imprisonment suspended for 12 months on the last count
02
Material facts
Parties
Mr Watts
DefendantThe Crown
ProsecutionAmounts and remedies
- Fine for Count 3: GBP 50
- Fine for Count 4: GBP 50
- Suspended Imprisonment: months 6
- Driving Suspension: months 14
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for driving under the influence and related driving offences
- 02
consideration of mitigating factors in sentencing
Party arguments
- Applicant
- References and support from community members indicate efforts at reform.
- Respondent
- Defendant has a deplorable record and has been a nuisance for years.
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Sentencing should consider both the defendant's record and efforts at reform, as well as the seriousness of the offences.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's history and the seriousness of the offences warrant suspension and fines, but efforts at reform justify a suspended sentence rather than immediate imprisonment.
Obiter and limits
- It is well and truly time for you to grow up.
- If there is any other offence the Court will reconsider the position and you may well go back to prison for the remaining part of the sentence.
Court disposition
convicted and sentenced
- 14 months suspension from driving for count 2 (driving under the influence) from 5th September last
- £50 fine or 2 weeks' imprisonment for each of counts 3 and 4 (other driving offences), with ten weeks to pay at £10 per week
- 6 months' imprisonment suspended for 12 months on the last count
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. Mr Watts you have a deplorable record. It is quite clear that you have been a thorough nuisance for years, and it is well and truly time for you to grow up. Nonetheless, it is clear from the reports that we have that you are making some effort to reform your life.
2. We take into account references not only from Mr Hampton, but that from Captain Le Page and indeed the presence of the Dean in Court who has come to support you today.
3. On count 2, (that is driving under the influence of drink) we do not propose to fine you but you will be suspended for 14 months from the date you pleaded guilty to the charge (5 th September, last).
4. On counts 3 and 4 (the other driving offences) you will be fined £50 or 2 weeks' imprisonment on both those counts, you will have ten weeks to pay the fines, that is £10.00 a week.
5. On the last count the Court sentences you to 6 months' imprisonment, suspended for 12 months. You must realise that if there is any other offence the Court will reconsider the position and you may well go back to prison for the remaining part of the sentence. No Authorities Page Last Updated: 18 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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