White v AG [2001] JRC 114 (21 May 2001)

White v AG [2001] JRC 114 (21 May 2001)

There was no evidence before the Relief Magistrate upon which he could properly convict the appellant of unnecessary obstruction, as parking in a designated bay during permitted hours does not constitute such an offence.

Citation
[2001] JRC 114
Parties
Appellant: Michael Anthony White; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
21 May 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Magistrate's Court
Outcome
appeal allowed; conviction quashed
Legal Topics
Unnecessary Obstruction, Parking Offences, Interpretation of Statutory Offences
Criminal Law Road Traffic Law Unnecessary Obstruction Parking Offences Interpretation of Statutory Offences

Case Brief

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Parties

Michael Anthony White

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Magistrate's Court

Legal Issues

  1. 1 Whether parking in a designated parking bay during permitted hours can amount to unnecessary obstruction under Article 30(1)(a) of the Road Traffic (Jersey) Law 1956
  2. 2 Whether the direction in which a car is parked affects the offence of unnecessary obstruction

Ratio Decidendi

There was no evidence before the Relief Magistrate upon which he could properly convict the appellant of unnecessary obstruction, as parking in a designated bay during permitted hours does not constitute such an offence.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed
  • reasonable costs awarded to appellant