Mahe v AG [2003] JRC 204 (14 November 2003)

Mahe v AG [2003] JRC 204 (14 November 2003)

The court lacks jurisdiction to defer the operative effect of a driving disqualification to a future date; it must commence from the date of sentence as no statutory authority exists for postponement.

Citation
[2003] JRC 204
Parties
Applicant's Counsel: Miss Fitz; Attorney General's Counsel: Mrs Sharpe; Respondent: Attorney General; Applicant: Applicant
Jurisdiction
Jersey
Judgment Date
14 November 2003
Procedural Posture
Application for Leave to Appeal Out of Time and Against Sentence / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Appeal allowed; extension of time granted; leave to appeal granted; disqualification to commence from date of sentence.
Legal Topics
Driving Disqualification, Commencement of Sentence, Appeal Procedure
Criminal Law Road Traffic Law Driving Disqualification Commencement of Sentence Appeal Procedure

Case Brief

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Parties

Miss Fitz

Applicant's Counsel

Mrs Sharpe

Attorney General's Counsel

Attorney General

Respondent

Applicant

Applicant

Procedural Posture

Application for Leave to Appeal Out of Time and Against Sentence / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to defer the operative effect of a driving disqualification to commence from release from prison rather than from the date of sentence
  2. 2 Whether leave to appeal out of time should be granted

Ratio Decidendi

The court lacks jurisdiction to defer the operative effect of a driving disqualification to a future date; it must commence from the date of sentence as no statutory authority exists for postponement.

Court Disposition

Appeal allowed; extension of time granted; leave to appeal granted; disqualification to commence from date of sentence.

Orders

  • Time for filing notice of appeal extended.
  • Leave to appeal granted.