1999/124 - AG v Paul [1999] UR 124 (12 July 1999)

1999/124 - AG v Paul [1999] UR 124 (12 July 1999)

Given the unusual circumstances, including the appellant's exhaustion and the impact on her employment, and since disqualification is not mandatory, the period of disqualification was reduced to three months as the original sentence was manifestly excessive.

Source-derived case information.

Citation
[1999] UR 124
Parties
Appellant: Miss Paul; Co Defendant: Stuart George Whitcombe; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
12 July 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Permitting Use of Uninsured Vehicle, Aiding and Abetting Driving Without Licence, Sentencing, Disqualification From Driving
Criminal Law Road Traffic Law Permitting Use of Uninsured Vehicle Aiding and Abetting Driving Without Licence Sentencing Disqualification From Driving

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miss Paul

Appellant

Stuart George Whitcombe

Co Defendant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of disqualification from driving imposed on Miss Paul was manifestly excessive
  2. 2 Whether the court should substitute its own view for that of the Magistrate

Ratio Decidendi

Given the unusual circumstances, including the appellant's exhaustion and the impact on her employment, and since disqualification is not mandatory, the period of disqualification was reduced to three months as the original sentence was manifestly excessive.

Court Disposition

appeal allowed in part

Orders

  • Disqualification from driving reduced to three months from date of disqualification
  • Miss Deacon awarded legal aid costs