Reid v Att. Gen. [1994] JLR_Note 11c (21 March 1994)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that failure to provide an opportunity to make submissions before disqualification from driving is a breach of natural justice.
Court disposition
judgment for applicant
Orders
- Disqualification order set aside due to procedural impropriety
02
Material facts
Parties
Reid
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
Whether the applicant was given an opportunity to make submissions before being disqualified from driving
Party arguments
- Applicant
- Applicant contended that he was not given an opportunity to make submissions before the disqualification order was made.
- Respondent
- Respondent argued that the procedure followed was proper and the applicant had sufficient opportunity to be heard.
05
Court’s reasoning
Legal principles
- 01
general principles of natural justice
A person must be given an opportunity to make submissions before being disqualified from driving.
06
Ratio, limits and disposition
Ratio decidendi
The court held that failure to provide an opportunity to make submissions before disqualification from driving is a breach of natural justice.
Court disposition
judgment for applicant
- Disqualification order set aside due to procedural impropriety
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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