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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Coote [2013] JRC 242 (29 November 2013)
URL: http://www.bailii.org/je/cases/UR/2013/2013_242.html
Cite as: [2013] JRC 242
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Inferior Number Sentencing - motoring.
|
Before : |
W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Kerley and Olsen. |
The Attorney General
-v-
Conor John Coote
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:
|
1 count of: |
Driving a motor vehicle with an alcohol concentration above the prescribed limit, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956 (Count 1). |
|
1 count of: |
Failing to stop when required by a police officer, contrary to Article 51(1) of the Road Traffic (Jersey) Law 1956 (Count 2). |
Age: 19.
Plea: Guilty.
Details of Offence:
In the early hours of the morning, police followed the defendant who was riding his moped in an erratic manner. They attempted to stop him, but he rode away through an area where the police car could not pass. The officers pursued him on foot and found him hiding behind a bush with his moped abandoned nearby. Following his arrest, his breath was sampled and he produced a lowest alcohol reading of 86µg/100ml of breath, the legal maximum being 35µg/100ml.
Details of Mitigation:
Guilty pleas at Indictment.
Previous Convictions:
A single conviction for three drugs offences in 2010.
Conclusions:
|
Count 1: |
20 months' disqualification from driving together with 40 hours' Community Service Order, equivalent to 1 week's imprisonment, plus a 12 month Probation Order. |
|
Count 2: |
No specific penalty. |
Total: 20 months' disqualification from driving together with 40 hours' Community Service Order, equivalent to 1 week's imprisonment, plus a 12 month Probation Order.
Sentence and Observations of Court:
|
Count 1: |
12 months' disqualification from driving plus £650 fine to be paid at £30 per week, 2 months' youth detention in default. |
|
Count 2: |
£100 fine, or 2 weeks' youth detention, concurrent. |
Total: 12 months' disqualification from driving plus £750 fine to be paid at £30 per week or, in default of payment 2 months' youth detention.
Liberty to apply should there be difficulty to make payment.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate L. V. Marks for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are here to be sentenced now on a count of driving whilst unfit and a count of failing to stop when required by a police officer. The usual sentence for an offence of this kind in the Magistrate's Court would be a fine and we think that is the right sentence to impose upon you.
2. Accordingly, you are fined a total of £650 on Count 1 and £100 on Count 2, so that makes a total of £750, which you should pay at £30 per week and in relation to the fine of £650 there will be a default sentence of 2 months' youth detention and on Count 2 there is a default sentence of 2 weeks' youth detention, concurrent. You are also disqualified from driving for a period of 12 months to run from today.
3. There is liberty to apply, of course, if there should be a difficulty in payment at that rate because of any other outgoings which we are not aware of.
Authorities
Magistrate's Court Guidelines 2007.