AG -v- De Lima [2015] JRC 167 (14 August 2015)

AG -v- De Lima [2015] JRC 167 (14 August 2015)

The gravity of the dangerous driving, including excessive speed in a powerful car and lack of insurance, resulting in catastrophic injury to the victim, makes a non-custodial sentence unjustifiable despite the defendant's youth, remorse, and good character. A 12-month youth detention is appropriate.

Citation
[2015] JRC 167
Parties
Defendant: The Defendant; Victim: The Victim
Jurisdiction
Jersey
Judgment Date
14 August 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Dangerous Driving, Youth Detention, Driving Without Insurance, Sentencing Guidelines
Criminal Law Youth Justice Road Traffic Dangerous Driving Youth Detention Driving Without Insurance Sentencing Guidelines

Case Brief

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Parties

The Defendant

Defendant

The Victim

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offence of dangerous driving by a young offender warrants a custodial sentence
  2. 2 Whether mitigating factors justify a non-custodial sentence
  3. 3 Appropriate length of youth detention for dangerous driving causing catastrophic injury

Ratio Decidendi

The gravity of the dangerous driving, including excessive speed in a powerful car and lack of insurance, resulting in catastrophic injury to the victim, makes a non-custodial sentence unjustifiable despite the defendant's youth, remorse, and good character. A 12-month youth detention is appropriate.

Court Disposition

convicted and sentenced

Orders

  • 12 months' youth detention on Count 1
  • 1 month's youth detention concurrent on Count 2