Mildren v AG [2019] JRC 009A (31 January 2019)

Mildren v AG [2019] JRC 009A (31 January 2019)

The appellant was not disqualified from driving as at 12 May 2018 due to the expiry of the original disqualification and lack of statutory power to require a retake of the driving test; the Magistrate's Court lacked power to impose consecutive disqualifications under the 1956 Law.

Citation
[2019] JRC 009A
Parties
Appellant: Appellant; Respondent: Crown; Magistrate: Relief Magistrate, Advocate Fitz
Jurisdiction
Jersey
Judgment Date
31 January 2019
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
conviction and sentence quashed; sentence remitted for re-sentencing; costs awarded to appellant
Legal Topics
Driving Whilst Disqualified, Driving Without Insurance, Driving With Excess Alcohol, Sentencing Powers, Appeal Out of Time
Criminal Law Road Traffic Law Driving Whilst Disqualified Driving Without Insurance Driving With Excess Alcohol Sentencing Powers Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Appellant

Appellant

Crown

Respondent

Relief Magistrate, Advocate Fitz

Magistrate

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was disqualified from driving as at 12 May 2018
  2. 2 Whether the Magistrate's Court had power to order consecutive driving disqualifications under the Road Traffic (Jersey) Law 1956

Ratio Decidendi

The appellant was not disqualified from driving as at 12 May 2018 due to the expiry of the original disqualification and lack of statutory power to require a retake of the driving test; the Magistrate's Court lacked power to impose consecutive disqualifications under the 1956 Law.

Court Disposition

conviction and sentence quashed; sentence remitted for re-sentencing; costs awarded to appellant

Orders

  • Conviction for driving whilst disqualified quashed
  • Sentence of 70 hours community service quashed