1998/67 - Temple v AG [1998] UR 67 (1 April 1998)
The appellant's record was not so serious as to warrant disqualification on a first appearance before the Magistrates Court, and the Magistrate should have considered all relevant circumstances before imposing disqualification.
- Citation
- [1998] UR 67
- Parties
- Appellant: Mr Temple; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 01 April 1998
- Procedural Posture
- Criminal Appeal / Appeal From Magistrates Court
- Outcome
- Appeal allowed in part
- Legal Topics
- Speeding, Sentencing, Disqualification From Driving
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Temple
Appellant
Attorney General
Respondent
Procedural Posture
Criminal Appeal / Appeal From Magistrates Court
Legal Issues
- 1 Whether the sentence of disqualification was appropriate given the appellant's record and circumstances
- 2 Whether the Magistrate should have considered the appellant's use of the vehicle for employment and voluntary work
Ratio Decidendi
The appellant's record was not so serious as to warrant disqualification on a first appearance before the Magistrates Court, and the Magistrate should have considered all relevant circumstances before imposing disqualification.
Court Disposition
Appeal allowed in part
Orders
- Disqualification quashed
- Fine of £100 upheld
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