Jersey Unreported Judgments

[2005]JRC025

ROYAL COURT

(Samedi Division)

3^rd March, 2005

The Attorney General

-v-

Conrad David Hacquoil

Magistrate's Court Appeal

Appeal by the Attorney General by way of case stated under Article 18, Magistrate's Court (Miscellaneous Provisions) (Jersey) Law, 1949.  Mistake on the part of the Magistrate not to impose a mandatory 3 year driving disqualification for a second offence committed within 10 years as required by Article 16 of the Road Traffic (Jersey) Law, 1956.

Court substitutes 3 year disqualification.  Appellant granted costs under Article 20 of the said Law.

Advocate J. Hawgood for the Attorney General.

Advocate A. Pinel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On the 24^th January, 2005, the defendant pleaded guilty to one offence of driving a motor vehicle whilst he was unfit through drink or drugs contrary to Article 16 of the Road Traffic (Jersey) Law, 1956; in this particular case it was through drugs.  He was fined £350 and was disqualified from driving for 12 months.

2.        Article 16 (2) of the 1956 Law as amended provides as follows:

"A person convicted of a motoring offence under this Article shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, in the case of a first offence be disqualified for a period of 12 months and in the case of a second or subsequent offence committed within 10 years of the last such offence for a period of three years for holding or obtaining a licence."

3.        Article 16 (3) says:

"In paragraph 2 of this Article offence means an offence under this Article, under Article 15 (A), 16 (A) or 16 (C) of this Law".

4.        The record of the defendant shows that on 3^rd March, 1997, he was convicted of an offence of driving a motor vehicle whilst unfit through drink or drugs contrary to Article 16.  He therefore falls squarely within the provision which says that for a second offence there is a mandatory minimum disqualification of three years.

5.        Unfortunately this was not noted by anyone in the Magistrate's Court at the time and therefore the Assistant Magistrate passed the disqualification of 12 months.  The Attorney General now appeals by way of case stated.  It is clear that the sentence was erroneous in law.  The Assistant Magistrate had no choice but to impose the disqualification of three years and therefore we have no alternative but to allow the appeal and order a disqualification for three years.  However, this is clearly no fault of the defendant's and therefore he will have his costs.

Authorities

Road Traffic (Jersey) Law, 1956, Article 16.