Le Monnier v Att. Gen. [1989] JLR 170 (26 April 1989)

Le Monnier v Att. Gen. [1989] JLR 170 (26 April 1989)

A mitigating circumstance peculiar to the offender is not a 'special reason' under the statute, but a 16-year time lapse since a previous conviction may be considered a 'special reason' justifying departure from mandatory disqualification.

Source-derived case information.

Citation
[1989] JLR 170
Parties
Applicant: Le Monnier; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
26 April 1989
Procedural Posture
Criminal Appeal / Sentencing
Outcome
partially allowed
Legal Topics
Driving Under the Influence, Sentencing, Special Reasons, Mandatory Disqualification
Criminal Law Road Traffic Law Driving Under the Influence Sentencing Special Reasons Mandatory Disqualification

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Summary, issues, holding and outcome

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Parties

Le Monnier

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Sentencing

Legal Issues

  1. 1 Whether a mitigating circumstance peculiar to the offender constitutes a 'special reason' under Road Traffic (Jersey) Law, 1956, art. 16(2)
  2. 2 Whether a 16-year time lapse since previous conviction can justify departure from mandatory disqualification

Ratio Decidendi

A mitigating circumstance peculiar to the offender is not a 'special reason' under the statute, but a 16-year time lapse since a previous conviction may be considered a 'special reason' justifying departure from mandatory disqualification.

Court Disposition

partially allowed

Orders

  • Mandatory disqualification may be departed from if a significant time has elapsed since the previous conviction.