AG -v- Mahe [2009] JRC 094 (19 May 2009)

AG -v- Mahe [2009] JRC 094 (19 May 2009)

Given the defendant's repeated breaches of probation, extensive criminal record, and failure to heed prior warnings, a custodial sentence is necessary; leniency is no longer justified.

Citation
[2009] JRC 094
Parties
Defendant: Terry Mahé; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
19 May 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Driving While Disqualified, Driving Uninsured, Breach of Probation, Sentencing
Criminal Law Road Traffic Law Driving While Disqualified Driving Uninsured Breach of Probation Sentencing

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Parties

Terry Mahé

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for repeat driving while disqualified and uninsured
  2. 2 Effect of repeated breaches of probation orders
  3. 3 Consideration of rehabilitation versus custodial sentence

Ratio Decidendi

Given the defendant's repeated breaches of probation, extensive criminal record, and failure to heed prior warnings, a custodial sentence is necessary; leniency is no longer justified.

Court Disposition

convicted and sentenced

Orders

  • 3 year disqualification from driving
  • 9 months' imprisonment on Count 1 (driving while disqualified)