Ahier v AG 09-Nov-2020 [2020] JRC 235 (09 November 2020)

The sentence of imprisonment for driving without due care and attention was unlawful because the statute only permits a fine as the maximum penalty.

Source-derived case information.

Citation: [2020] JRC 235
Parties: Appellant: Appellant; Respondent: Attorney General
Jurisdiction: Jersey
Judgment Date: 09 November 2020
Procedural Posture: Criminal Appeal by Case Stated / Judgment
Outcome: sentence quashed
Legal Topics: Sentencing, Driving Without Due Care and Attention, Unlawful Sentence

Criminal Law Road Traffic Law Sentencing Driving Without Due Care and Attention Unlawful Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal by Case Stated / Judgment

Legal Issues

1 Whether the sentence of imprisonment for driving without due care and attention was lawful under Article 25 of the Road Traffic (Jersey) Law 1956

Ratio Decidendi

The sentence of imprisonment for driving without due care and attention was unlawful because the statute only permits a fine as the maximum penalty.

Court Disposition

sentence quashed

Orders

The sentence of 1 week's imprisonment for driving without due care and attention is quashed.
The record is to be marked 'no separate penalty' on that count.

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