Jersey Judgment

McGrath v Att. Gen. [1985] JLR_Note 19a (11 July 1985)

Criminal Law Traffic Law Driving Without Due Care and Attention Mens Rea Falling Asleep While Driving

Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

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Professional case brief

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Holding and result

A driver who falls asleep at the wheel can be convicted of driving without due care and attention even if there was no prior foresight of falling asleep.

Court disposition

conviction upheld

Material facts

Parties

McGrath

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

Whether foresight is required for conviction of driving without due care and attention when the driver falls asleep

Party arguments

Applicant: The applicant contended that foresight or prior awareness of the risk of falling asleep is required for conviction under the offence of driving without due care and attention.
Respondent: The respondent argued that foresight is not required and that falling asleep while driving constitutes driving without due care and attention regardless of prior awareness.

Court’s reasoning

Legal principles

01
1985 JLR Note 19a

Foresight is not required for conviction of driving without due care and attention when the driver falls asleep.

Ratio, limits and disposition

Ratio decidendi

A driver who falls asleep at the wheel can be convicted of driving without due care and attention even if there was no prior foresight of falling asleep.

Court disposition

conviction upheld

Source and reliance status

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Judgment text

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Source document

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Judgment

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