AG -v- Cardoso Santos and Silva [2014] JRC 206 (24 October 2014)

AG -v- Cardoso Santos and Silva [2014] JRC 206 (24 October 2014)

The primary basis for sentencing is the aggravating factor of racing at excessive speed, resulting in death and injury, balanced against mitigation including guilty plea, work record, and remorse. For Cardoso and Santos, speeding without racing or dangerous driving does not warrant disqualification, only fines and licence endorsement.

Citation
[2014] JRC 206
Parties
Defendant: Mr Silva; Deceased: Mr Fernandes; Defendant: Mr Cardoso; Defendant: Mr Santos
Jurisdiction
Jersey
Judgment Date
24 October 2014
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Speeding, Driving Without Due Care and Attention
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Speeding Driving Without Due Care and Attention

Case Brief

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Parties

Mr Silva

Defendant

Mr Fernandes

Deceased

Mr Cardoso

Defendant

Mr Santos

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 liability for causing death by dangerous driving
  2. 2 sentencing for dangerous driving
  3. 3 sentencing for speeding and driving without due care and attention

Ratio Decidendi

The primary basis for sentencing is the aggravating factor of racing at excessive speed, resulting in death and injury, balanced against mitigation including guilty plea, work record, and remorse. For Cardoso and Santos, speeding without racing or dangerous driving does not warrant disqualification, only fines and licence endorsement.

Court Disposition

conviction and sentencing

Orders

  • Mr Silva sentenced to 3 years' imprisonment for Count 5 and 3 months' imprisonment for Count 7, concurrent; total 3 years' imprisonment; disqualified from driving for 4 years.
  • Mr Cardoso fined £300, licence endorsed, given time to pay (£150 within 7 days, remainder at £50 per week or 1 month's imprisonment in default).