Jersey Judgment

Ruban v Att. Gen. (No. 2) [1987] JLR 220 (10 August 1987)

Criminal Law Road Traffic Law Failure to Stop Interpretation of 'stop' Under Road Traffic (jersey) Law 1956

Citation: [1987] JLR 220
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

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Professional case brief

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Source document

Holding and result

The court held that the obligation to 'stop' under the relevant law means the driver must remain at a standstill for a reasonable time, not just momentarily halt.

Court disposition

appeal dismissed

Material facts

Parties

Ruban

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

01
What is the meaning of 'stop' under Road Traffic (Jersey) Law, 1956, art. 26(1)?
02
What is the extent of the driver's obligation when required to stop?

Party arguments

Applicant: The applicant argued that the requirement to 'stop' was satisfied by bringing the vehicle to a standstill, regardless of duration.
Respondent: The respondent argued that 'stop' requires the driver to remain at a standstill for a reasonable time, not merely momentarily halt.

Court’s reasoning

Legal principles

01
Road Traffic (Jersey) Law, 1956, art. 26(1)

A driver required under Road Traffic (Jersey) Law, 1956, art. 26(1) to 'stop' has an obligation to remain at a standstill for a reasonable time.

Ratio, limits and disposition

Ratio decidendi

The court held that the obligation to 'stop' under the relevant law means the driver must remain at a standstill for a reasonable time, not just momentarily halt.

Court disposition

appeal dismissed

Source and reliance status

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Judgment text

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Court record

Judgment

[1987] JLR 220

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BAILII >> Databases >> Jersey Law Reports >> Ruban v Att. Gen. (No. 2) [1987] JLR 220 (10 August 1987) URL: https://www.bailii.org/je/cases/JLR/1987/JLR870220.html Cite as: [1987] JLR 220 [ New search ] [ Help ] Ruban v Att. Gen. (No. 2) 1987 JLR 220 (10 August 1987) Road Traffic - failure to stop when required - meaning of "stop" - driver required under Road Traffic (Jersey) Law, 1956, art. 26(1) to "stop" has obligation to remain at standstill for reasonable time The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1987 JLR 220 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1987/JLR870220.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Traffic (Jersey) Law, 1956, art. 26(1)

Legislation

Legislation referenced in the available case record.

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