1998/12 - Colligny v AG [1998] UR 12 (19 January 1998)

While disqualification is appropriate for driving without insurance and under the influence, the period of 12 months was excessive on the facts; a six-week disqualification is sufficient.

Citation: [1998] UR 12
Parties: Driver/defendant: Hilton; Appellant/passenger/registered Keeper: appellant
Jurisdiction: Jersey
Judgment Date: 12 January 1998
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Driving Without Insurance, Driving Under the Influence, Sentencing Guidelines, Disqualification From Driving

Criminal Law Road Traffic Law Driving Without Insurance Driving Under the Influence Sentencing Guidelines Disqualification From Driving

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Hilton

Driver/defendant

appellant

Appellant/passenger/registered Keeper

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the period of disqualification imposed for driving without insurance and under the influence was excessive
2 Whether the sentencing guidelines and relevant precedents were properly applied

Ratio Decidendi

While disqualification is appropriate for driving without insurance and under the influence, the period of 12 months was excessive on the facts; a six-week disqualification is sufficient.

Court Disposition

appeal allowed in part

Orders

period of disqualification reduced from 12 months to six weeks
legal aid costs awarded to Mr Landick