ROYAL COURT
(Samedi Division)
15 June 1998
Before: Sir Philip Bailhache, QC, Bailiff and Jurats
Rumfitt, Le Breton
Magistrates Court Appeal
Paul Scott Ashton
-v-
AG
Appeal against a total sentence of £350 or 1 weeks imprisonment in default of payment with 6 months disqualification from driving imposed on 29 April 1998, following a guilty plea to:
1 count of driving without due care and attention, contrary to Article 15 of the Road Traffic (Jersey) Law 1956 (as amended), on which count a £100 fine or 1 week imprisonment in default of payment was imposed; and
1 count of failing to report an accident, contrary to Article 27 of the Road Traffic (Jersey) Law 1956, (as amended)
on which count a £250 fine or 1 week imprisonment in default of payment was imposed, with 6 months disqualification from driving.
Appeal allowed with regard to sentence of 6 months disqualification from driving; 3 month period of disqualification substituted.
Advocate AJ Belhomme on behalf of the Attorney General
Advocate MPG Lewis for the Appellant
JUDGMENT
THE BAILIFF: This is an appeal by Paul Scott Ashton against a sentence of disqualification which was imposed by the Magistrate on 29 April 1998 for an offence under Article 27 of the Road Traffic (Jersey) Law 1956 of failing to stop and report an accident. There was a combination of unfortunate circumstances leading up to this accident.
The Appellant, who is a chimney sweep by trade, apparently swerved to avoid a black cat which crossed his path on Friday 13 March and came into a collision with a fence by Grands Vaux Reservoir. Minor damage was caused to the fence but the car was damaged to such an extent that the Appellant was unwilling to drive it further and, because it was causing an obstruction, he removed it and parked it in the Reservoir car park nearby. He returned that evening to his girlfriends fathers house where he was informed of his duty to report the matter to the police. He failed to do so and did not in fact report the accident until about 9 o’clock the following morning.
Counsel for the Appellant raised a number of points in relation to the appeal but only one of these has caused the Court concern.
In the file of papers prepared for the appeal is included a document issued by the States of Jersey Police entitled "Offence Listing". There is a box which has been ticked marked "PNC check" which appears to indicate that the offences set out below are recorded on the police national computer. The offences are listed as follows:
29 April 1998, Jersey Magistrates Court: driving without due care and attention; failing to stop and report a traffic accident; fined and disqualified - these are the offences which are the subject of the appeal.
6 June 1997, Magistrates Court: speeding; fined £80 or two weeks imprisonment.
January, 1996, St. Lawrence Parish Hall, Jersey: driving without due care and attention; fined £45.
6 November, 1995, St. Helier Parish Hall, Jersey: failing to conform to indication given by road traffic sign; fined £20.
18 November 1994, St. Peter Parish Hall, Jersey: failing to conform to
indication given by road traffic sign; driving along a restricted road; fined £25.
5 February 1992, Jersey Juvenile Court: importing controlled drugs and possession of controlled drugs; sentenced to 12 hours Attendance Centre 6 months’ probation.
What is of concern is that the offences dealt with at the Parish Hall appear to have been treated as convictions which is clearly not the case. Article 46 of the Road Traffic (Jersey) Law 1956, empowers a constable or centenier to deal summarily at the Parish Hall with certain specified offences by imposing a fine of up to a maximum of £50. Matters dealt with in that way are not convictions. The constable or centenier is empowered to impose such a penalty only with the agreement of the offender. A Parish Hall is not a court of justice.
The unfortunate aspect of this document, which this Court has not seen before, is that it gives the impression that offences dealt with by the centenier at the Parish Hall are convictions recorded before a criminal court.
We heard submissions from Counsel for the Appellant as to the relevance of these matters dealt with at the Parish Hall. Mr Belhomme for the Attorney General drew our attention to the case of Williams -v- A.G. (16 October 1989) Jersey Unreported. In that judgment Crill, Bailiff, drew attention to the fact that although such matters were not convictions they were, nevertheless, matters where an offence had been committed and where the centenier had, with the agreement of the offender, imposed a penalty. The Court in that case considered that it would be flying in the face of reality if a Magistrate when considering what sanction to impose upon an offender were not to be made aware of matters which had been dealt with at the Parish Hall. This is undoubtedly correct, although for our part we would not place too much emphasis on the relevance of matters dealt with at a Parish Hall. Nevertheless, it is certainly improper for such matters to be presented to the Magistrate in a form which conveys the impression that they are criminal convictions. When the Relief Magistrate saw this document the transcript records him as saying:
"Right, just before you address me shall I see if there is anything known?
Thank you, there is relevant material there, looks as if this is his annual brush with the road traffic regulations."
Counsel responded.
"Sir, he has only one road traffic offence which has reached the Court, all others have been dealt with at the Parish Hall level and I think thats an indication as to the seriousness of the earlier offences."
We think that the Magistrates mind might well have been affected by the manner in which the previous convictions and the matters dealt at the Parish Hall were presented to him. In order to avoid any possible feeling of grievance on the part of the Appellant we propose accordingly to quash the disqualification of six months and to substitute a disqualification of three months
Authorities
Short -v- A.G. (1985-86) JLR N.19
Trédant -v- A.G. (12 March 1990) Jersey Unreported
Reid -v- A.G. (21 March 1994) Jersey Unreported
Road Traffic (Jersey) Law. 1956, as amended
Oliver -v- A.G. (25 July 1994) Jersey Unreported
Cox -v- A.G. (25 July 1995) Jersey Unreported
A.G. -v- Kane (1965) JJ 501
Mercier -v- A.G. (1989) JLR N.10
Colligny -v- A.G. (19 January 1998) Jersey Unreported
Temple -v- A.G. (1 April 1998) Jersey Unreported
Williams -v- A.G. (16 October 1989) Jersey Unreported