Skopans -v- AG [2011] JRC 210 (27 October 2011)

Skopans -v- AG [2011] JRC 210 (27 October 2011)

The original total sentence was manifestly excessive as maximum sentences were imposed despite guilty pleas and mitigating factors. Proper application of sentencing guidelines and principles required reduced sentences, with concurrent sentences for closely linked offences and a consecutive sentence for the drink driving offence to reflect the overall offending.

Citation
[2011] JRC 210
Parties
Applicant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
27 October 2011
Procedural Posture
Criminal Appeal / Judgment on Extension of Time and Appeal
Outcome
appeal allowed
Legal Topics
Drink Driving, Driving Whilst Disqualified, Driving Without Insurance, Overloading, Sentencing Guidelines, Appeal Procedure
Criminal Law Road Traffic Law Drink Driving Driving Whilst Disqualified Driving Without Insurance Overloading Sentencing Guidelines Appeal Procedure

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Parties

Appellant

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment on Extension of Time and Appeal

Legal Issues

  1. 1 Whether the total sentence of 10 months' imprisonment was manifestly excessive
  2. 2 Appropriate sentencing for multiple motoring offences
  3. 3 Application of concurrent and consecutive sentencing principles

Ratio Decidendi

The original total sentence was manifestly excessive as maximum sentences were imposed despite guilty pleas and mitigating factors. Proper application of sentencing guidelines and principles required reduced sentences, with concurrent sentences for closely linked offences and a consecutive sentence for the drink driving offence to reflect the overall offending.

Court Disposition

appeal allowed

Orders

  • Substituted sentences: 4 months' imprisonment for drink driving, 3 months' imprisonment for driving whilst disqualified, 3 months' imprisonment for driving without insurance; latter two concurrent, all consecutive to drink driving offence, total 7 months' imprisonment
  • Extension of time to appeal granted