Att. Gen. v Clark [1987] JLR 448 (17 March 1988)
- Citation
- [1987] JLR 448
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Appellate
More details
- Posture
- Criminal / Appellate
On this page
Professional case brief
Research organized from the available case record
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
ApplicantClark
Respondent03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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