AG -v- Le Gal [2017] JRC 118 (27 July 2017)

AG -v- Le Gal [2017] JRC 118 (27 July 2017)

The defendant's culpability was high due to failure to take extra care for vulnerable road users on a shared road, familiarity with the area, and unlawful use of the road. The case was placed at the top end of the second category and bottom end of the first category of the English guidelines. An 8-month custodial sentence was warranted but, considering mitigation and precedent, the sentence was suspended for 2 years.

Citation
[2017] JRC 118
Parties
Defendant: [Defendant's Name Not Provided]; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
27 July 2017
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Causing Death by Careless Driving, Sentencing Guidelines, Vulnerable Road Users, Driving Disqualification
Criminal Law Road Traffic Law Causing Death by Careless Driving Sentencing Guidelines Vulnerable Road Users Driving Disqualification

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Parties

[Defendant's Name Not Provided]

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for causing death by careless driving
  2. 2 Application of English sentencing guidelines in Jersey
  3. 3 Assessment of culpability and aggravating/mitigating factors

Ratio Decidendi

The defendant's culpability was high due to failure to take extra care for vulnerable road users on a shared road, familiarity with the area, and unlawful use of the road. The case was placed at the top end of the second category and bottom end of the first category of the English guidelines. An 8-month custodial sentence was warranted but, considering mitigation and precedent, the sentence was suspended for 2 years.

Court Disposition

convicted and sentenced

Orders

  • 8 months' imprisonment, suspended for 2 years
  • Disqualified from driving for 30 months from 19 June 2017