AG -v- R [2016] JRC 196 (28 October 2016)

AG -v- R [2016] JRC 196 (28 October 2016)

The court held that no special reasons existed because the defendant had driven, was seen by police shortly before arrest, failed a roadside test, and the evidence did not support her claim that she only consumed alcohol after ceasing to drive. The material time for special reasons is the period under police investigation, not after driving.

Citation
[2016] JRC 196
Parties
Defendant: The Defendant; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
28 October 2016
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Special Reasons, Driving Offences, Failure to Provide Breath Sample, Disqualification From Driving
Criminal Law Road Traffic Law Sentencing Special Reasons Driving Offences Failure to Provide Breath Sample Disqualification From Driving

Case Brief

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Parties

The Defendant

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether 'special reasons' existed to avoid mandatory disqualification for failing to provide a breath specimen
  2. 2 Whether the defendant consumed alcohol only after ceasing to drive

Ratio Decidendi

The court held that no special reasons existed because the defendant had driven, was seen by police shortly before arrest, failed a roadside test, and the evidence did not support her claim that she only consumed alcohol after ceasing to drive. The material time for special reasons is the period under police investigation, not after driving.

Court Disposition

Convicted and sentenced

Orders

  • No penalty for Count 1 (failing to stop)
  • Fine of £600 for Count 2 (driving without due care and attention)