1998/67 - Temple v AG [1998] UR 67 (1 April 1998)

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

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Parties

Mr Temple

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal From Magistrates Court

  1. 1 Whether the sentence of disqualification was appropriate given the appellant's record and circumstances
  2. 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