Jersey Unreported Judgments

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Cite as: [2003] JRC 172A

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[2003JRC172A

Royal Court

(Samedi Division)

6^th October, 2003

Before:

Sir Philip Bailhache, Bailiff;
and Jurats Le Brocq and Tibbo..

The Attorney General

-v-

Eric Monge

Magistrate's Court Appeal

Appeal by Eric Monge against a total sentence of 45 hours community service and 2 years' disqualification from driving, passed on 5^th September, 2003, on a guilty plea to the following counts:

1 count of:	contravening Article 16A(1) of the Road Traffic (Jersey) Law, 1956, as amended, by driving after consuming alcohol in excess of the prescribed limit, on which count a sentence of 45 hours community service with 2 years' disqualification from driving was imposed.
1 count of:	contravening Article 2(1), as amended, of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948, as amended, by driving uninsured, on which count a sentence of 45 hours community service, concurrent, with 2 years' disqualification from driving, concurrent, was imposed.
1 count of:	contravening Article 1 of the Road Traffic (Protective Helmets)(Jersey) Order, 1983, as amended, by driving a motorcycle without wearing a crash helmet, on which count no separate penalty was imposed.
1 count of:	contravening Article 6(2) of the Road Traffic (Jersey) Law, 1956, as amended, by driving a motorcycle without holding a valid compulsory basic training certificate, on which count no separate penalty was imposed.

Appeal allowed; £500 fine, or 5 weeks' imprisonment in default on payment, with 12 months' disqualification from driving.

C.M.M. Yates, Esq., Crown Advocate.

Advocate D. Hopwood for the appellant.

JUDGMENT

THE BAILIFF:

1. The Court is satisfied that the Magistrate made an error in thinking that the level of intoxication of this appellant was much greater than in fact it was. Indeed, the Magistrate himself has made it clear by letter to this Court that he acknowledges that an error was made. The reality of the situation was that the appellant was indeed over the legal limit but not to a very great extent.

2. We have had regard to the Magistrate's guidelines and also to the fact that this error was made and that the appellant has had to come to this Court in order to obtain justice in his case.

3. We therefore allow the appeal and quash the sentences imposed in the Magistrate's Court on charges 1 and 2. We substitute for the penalties imposed in the Magistrate's Court a fine of two hundred pounds or, in default of payment, two weeks imprisonment, on charge 1 and we disqualify the appellant for a period of twelve months. On charge 2 we impose a fine of three hundred pounds or, in default of payment, three weeks imprisonment consecutive, and we impose a 6 months disqualification concurrent with the disqualification imposed on charge 1. Like the Magistrate, we impose no separate penalty on charges 3 and 4. The total penalty therefore is fines of five hundred pounds and a disqualification for holding a driving licence for a period of twelve months. The fines must be paid within three months. We order the prosecution to pay the costs of the appeal.

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