Jersey Unreported Judgments

Inferior Number Sentencing - motoring offences.

[2016]JRC185A

Royal Court

(Samedi)

14 October 2016

The Attorney General

-v-

R

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Age:  33. 

Plea: Guilty. 

Details of Offence:

On 1^st February, 2016, police received a call from a friend of the defendant, who was concerned about her welfare.  The defendant was located at about 6pm and officers considered that she was not a danger to herself.  A second call was made at around 7pm and officers were again deployed to locate the defendant. 

At around 7.30pm an officer went to the defendant's address, her vehicle was not there and the house was dark.  While walking back to his motorcycle the officer saw a car the defendant's vehicle which abruptly stopped before driving away.  The officer followed and soon after saw an Audi in a car park with its lights turned off.  Suspecting that it was the defendant he approached at which point it started to reverse.  The officer stood in front of the windscreen and raised his hand and shouted but the defendant continued to reverse and crashed into a silver Mercedes directly behind her.  The officer tried to open the driver's door and turn the engine off, but the door was locked.  The defendant drove on to the road at speed with the lights still off.  Road conditions were poor as it had been raining, and there were young people in the area.  Shortly after this another officer driving down Grouville Hill saw the defendant travelling in the opposite direction at 7.40pm, with the car appearing to swerve as it went past. 

About 20 minutes later she was seen walking along the pavement in La Marais and was arrested and cautioned.  She denied driving that evening and was observed to be very emotional.  Other officers attended and noted that she was unsteady on her feet, emotional and volatile. 

The defendant disclosed that she had been drinking alcohol and intoxicants could be smelt on her breath.  She said: "I've had a few drinks at Miss A's about an hour ago."  "I had about three cans of Stella."  She provided a roadside specimen of breath which she failed.  She was arrested and cautioned on suspicion of drink-driving. 

Whilst in custody she said: "I had my last drink walking at Le Marais.  I consumed four cans of Stella sat in the bus shelter at Le Marais after parking my car."  Her car was found outside a property on Le Clos De La Mare in the early hours of the following morning.  It had a flat tyre and there was fresh collision damage to the front nearside wheel and rear bumper and on the wheel arches areas.  Inside were four empty cans of lager and a nearly full bottle of Vodka. 

After arrest the defendant was asked to provide a breath sample.  The full exchange was captured on CCTV.  Officers asked her to do so twice and warned her a number of times that failing to do so was an offence.  She refused to provide the sample and when asked why she said that she wanted legal advice.  To all the routine questions put to suspects during such a procedure she replied "no comment".  When asked if there was any medical reason why she could not give a sample she replied: 'Don't know."  No sample was obtained. 

The defendant was interviewed the next day.  She stated she had been upset and said she didn't stop her vehicle as she panicked.  She said she hadn't realised she had crashed into the Mercedes and did not recall the police officer asking her to stop.  She said that she drove to St Clement and drank a couple of cans of Stella in her car before getting out and starting to walk to her friend's house, which is when she was arrested.  She added that she wasn't driving over the limit as she had walked.  When questioned regarding her failure to provide a breath sample the defendant explained she did not realise that failure to provide was a criminal offence. 

Details of Mitigation:

Benefit of guilty pleas. 

Previous Convictions:

Several motoring offences including a 2010 conviction for driving without excess alcohol in 2010 and a conviction for driving without insurance in 2013. 

Conclusions:

Total: £1,000 fine together with 100 hours' Community Service Order, equivalent to 4 months; imprisonment, plus disqualification from driving for a period of 42 months. 

Sentence and Observations of Court:

Total: £600 fine and 4 months' imprisonment, suspended for 1 year, and 36 months' disqualification from driving, with a requirement to retake a driving test. 

The fine shall be paid as to £400 from the monies held by the Viscount, and the balance at a rate of £30 per week. 

R. C. P. Pedley, Esq., Crown Advocate.

Advocate L. J. Glynn for the Defendant.

JUDGMENT

THE commissioner:

1.        For reasons which will be set out in a written judgment which will be supplied in due course, in relation to Count 1 we impose no separate penalty.  In relation to Count 2 we impose a fine of £600 or 6 weeks' imprisonment in default.  In relation to Count 4 we impose a sentence of imprisonment of 4 months', suspended for a period of 1 year from todays' date, in accordance with the provisions of Article 2 of the Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003. 

2.        We need to explain to the defendant that if she commits a further offence in Jersey, punishable by imprisonment during this period of 1 year, then she stands to be imprisoned for this offence in addition to any punishment imposed for the further offence. 

3.        We do not find that special circumstances apply here and so the defendant will be disqualified from driving for 36 months' from the date of her conviction, namely 22^nd April, 2016, with a requirement to retake the driving test. 

4.        In summary, we impose a total fine of £600, a prison sentence of 4 months, suspended for 1 year, and a disqualification from driving of 36 months.  The fine shall be paid as to £400 from the monies held by the Viscount, and the balance at a rate of £30 per week. 

Authorities

Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003. 

Road Traffic (Jersey) Law 1956.

Magistrate's Court Sentencing Guidelines, Part 1, Road Traffic Offences.

Loureiro v AG [2015] JRC 154.