O'Donnell -v- Ricketts [2008] JRC 024 (18 February 2008)

O'Donnell -v- Ricketts [2008] JRC 024 (18 February 2008)

The Assistant Magistrate erred by imposing a 2-year disqualification; the statutory minimum for a second offence within 10 years is 3 years and no special reasons exist to order otherwise. Mr O'Donnell had sufficient interest to seek a case stated.

Citation
[2008] JRC 024
Parties
Applicant: Laurence O'Donnell; Prosecutor: Constable of St Peter; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 February 2008
Procedural Posture
Criminal Appeal by Case Stated / Appeal Determination
Outcome
appeal allowed; determination amended
Legal Topics
Driving Under Influence, Disqualification Period, Appeal by Case Stated, Locus Standi
Criminal Law Road Traffic Law Driving Under Influence Disqualification Period Appeal by Case Stated Locus Standi

Case Brief

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Parties

Laurence O'Donnell

Applicant

Constable of St Peter

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal Appeal by Case Stated / Appeal Determination

Legal Issues

  1. 1 Whether the statutory minimum disqualification period was correctly applied
  2. 2 Whether Mr O'Donnell had sufficient locus to apply for case stated

Ratio Decidendi

The Assistant Magistrate erred by imposing a 2-year disqualification; the statutory minimum for a second offence within 10 years is 3 years and no special reasons exist to order otherwise. Mr O'Donnell had sufficient interest to seek a case stated.

Court Disposition

appeal allowed; determination amended

Orders

  • Substitute period of disqualification from driving of 3 years from 31st October, 2007, and until test is passed