AG v Hacquoil [2005] JRC 025 (03 March 2005)

AG v Hacquoil [2005] JRC 025 (03 March 2005)

The court must impose a minimum three-year disqualification for a second offence under Article 16 within 10 years; the original sentence of 12 months was unlawful.

Citation
[2005] JRC 025
Parties
Appellant: Attorney General; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
03 March 2005
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
appeal allowed
Legal Topics
Driving Under the Influence, Sentencing, Mandatory Disqualification
Criminal Law Road Traffic Law Driving Under the Influence Sentencing Mandatory Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Appellant

Defendant

Respondent

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the Magistrate's Court erred in law by imposing a 12-month disqualification instead of the mandatory 3-year disqualification for a second offence under Article 16 of the Road Traffic (Jersey) Law, 1956.

Ratio Decidendi

The court must impose a minimum three-year disqualification for a second offence under Article 16 within 10 years; the original sentence of 12 months was unlawful.

Court Disposition

appeal allowed

Orders

  • The disqualification is increased to three years.
  • The defendant is awarded his costs.