AG -v- De la Haye [2017] JRC 128 (11 August 2017)

AG -v- De la Haye [2017] JRC 128 (11 August 2017)

The combination of dangerous driving prior to the accident and the failure to see or react to the victim warranted a custodial sentence, but significant personal mitigation justified a community service order instead.

Citation
[2017] JRC 128
Parties
Defendant: [Defendant Name Not Provided]; Prosecution: The Crown; Victim: [Victim Name Not Provided]
Jurisdiction
Jersey
Judgment Date
11 August 2017
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Careless Driving, Dangerous Driving, Sentencing, Community Service, Driving Disqualification
Criminal Law Road Traffic Law Careless Driving Dangerous Driving Sentencing Community Service Driving Disqualification

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

The Crown

Prosecution

[Victim Name Not Provided]

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's driving constituted a serious offence warranting a custodial sentence
  2. 2 Whether personal mitigation justified a non-custodial sentence

Ratio Decidendi

The combination of dangerous driving prior to the accident and the failure to see or react to the victim warranted a custodial sentence, but significant personal mitigation justified a community service order instead.

Court Disposition

non-custodial sentence imposed

Orders

  • 90 hours' Community Service Order on Count 1 (careless driving)
  • 120 hours' Community Service Order on Count 2 (dangerous driving), concurrent