Jersey Judgment

Att. Gen. v Clark [1987] JLR 448 (17 March 1988)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The offence of taking a vehicle without consent is complete when the vehicle is moved from where it was standing and the accused has control of the steering, regardless of whether the accused was 'driving'.

Court disposition

appeal allowed

02

Material facts

Parties

Attorney General

Applicant

Clark

Respondent

03

Procedural history

  1. Posture

    Criminal / Appellate

04

Questions and positions

Legal issues

Whether the offence of taking a vehicle without consent under art. 28(1) of the Road Traffic (Jersey) Law, 1956 is complete when the vehicle is moved from its standing place and whether it is necessary to determine if the accused was 'driving'.

Party arguments

Applicant
The offence is complete when the vehicle is moved from where it was standing, provided the accused has control of the steering; it is not necessary to determine whether the accused was 'driving'.
Respondent
It must be determined whether the accused was 'driving' the vehicle to complete the offence.

05

Court’s reasoning

  1. 01

    Road Traffic (Jersey) Law, 1956, art. 28(1)

    The offence under art. 28(1) of the Road Traffic (Jersey) Law, 1956 is complete when the vehicle is moved from its standing place, provided the accused has control of the steering; it is not necessary to determine whether the accused was 'driving'.

06

Ratio, limits and disposition

Ratio decidendi

The offence of taking a vehicle without consent is complete when the vehicle is moved from where it was standing and the accused has control of the steering, regardless of whether the accused was 'driving'.

Court disposition

appeal allowed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1987] JLR 448

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Clark [1987] JLR 448 (17 March 1988) URL: https://www.bailii.org/je/cases/JLR/1988/JLR870448.html Cite as: [1987] JLR 448 [ New search ] [ Help ] Att. Gen. v Clark 1987 JLR 448 (17 March 1988) Road Traffic - taking vehicle without consent - "driving away" - offence under Road Traffic (Jersey) Law, 1956, art. 28(1) complete when vehicle moved from place where standing-although accused must have control of steering, not necessary to determine whether "driving" The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1987 JLR 448 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1988/JLR870448.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Traffic (Jersey) Law, 1956, art. 28(1)

Legislation

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