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

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

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'.

Citation
[1987] JLR 448
Parties
Applicant: Attorney General; Respondent: Clark
Jurisdiction
Jersey
Judgment Date
17 March 1988
Procedural Posture
Criminal / Appellate
Outcome
appeal allowed
Legal Topics
Taking Vehicle Without Consent, Driving Away, Interpretation of Road Traffic (jersey) Law 1956 Art. 28(1)
Criminal Law Road Traffic Law Taking Vehicle Without Consent Driving Away Interpretation of Road Traffic (jersey) Law 1956 Art. 28(1)

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Attorney General

Applicant

Clark

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 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'.

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