1998/123 - Ashton v AG [1998] UR 123 (15 June 1998)

The Magistrate may have been improperly influenced by the presentation of Parish Hall penalties as convictions; to avoid injustice, the disqualification is reduced from six to three months.

Citation: [1998] UR 123
Parties: Appellant: Paul Scott Ashton; Respondent: Attorney General
Jurisdiction: Jersey
Judgment Date: 15 June 1998
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Disqualification From Driving, Treatment of Parish Hall Penalties, Reporting Road Traffic Accidents

Criminal Law Road Traffic Law Disqualification From Driving Treatment of Parish Hall Penalties Reporting Road Traffic Accidents

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Parties

Paul Scott Ashton

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether Parish Hall penalties should be treated as criminal convictions for sentencing purposes
2 Whether the presentation of Parish Hall penalties as convictions improperly influenced the Magistrate's decision

Ratio Decidendi

The Magistrate may have been improperly influenced by the presentation of Parish Hall penalties as convictions; to avoid injustice, the disqualification is reduced from six to three months.

Court Disposition

appeal allowed in part

Orders

Quash the six-month disqualification
Substitute a three-month disqualification