Hernandes -v- AG 17-Oct-2006 [2006] JRC 147 (17 October 2006)

Hernandes -v- AG 17-Oct-2006 [2006] JRC 147 (17 October 2006)

The Assistant Magistrate exceeded his jurisdiction by imposing a disqualification period less than the statutory minimum required for repeat offences; the sentence was therefore wrong in law and must be substituted with the correct statutory minimum.

Citation
[2006] JRC 147
Parties
Appellant: Attorney General; Respondent: Jeronimo Hernandes
Jurisdiction
Jersey
Judgment Date
17 October 2006
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed by Assistant Magistrate
Outcome
appeal allowed
Legal Topics
Sentencing, Driving Under the Influence, Appeal Procedure, Jurisdictional Error
Criminal Law Road Traffic Law Sentencing Driving Under the Influence Appeal Procedure Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Appellant

Jeronimo Hernandes

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence Imposed by Assistant Magistrate

Legal Issues

  1. 1 Whether the Assistant Magistrate erred in law by imposing a period of disqualification less than the statutory minimum for repeat offences under Article 28(1) of the Road Traffic (Jersey) Law 1956
  2. 2 Whether the court has jurisdiction to correct a sentence imposed on the basis of incorrect information about prior convictions

Ratio Decidendi

The Assistant Magistrate exceeded his jurisdiction by imposing a disqualification period less than the statutory minimum required for repeat offences; the sentence was therefore wrong in law and must be substituted with the correct statutory minimum.

Court Disposition

appeal allowed

Orders

  • The 15-month disqualification is quashed and substituted with a 3-year disqualification.
  • Prosecution to pay the defendant's costs out of public funds.