Jersey Unreported Judgments

Magistrate's Court Appeal against sentence - Motoring

[2020]JRC235

Royal Court

(Samedi)

9 November 2020

Michelle Bernice Ahier

-v-

The Attorney General

Advocate S. E. A. Dale for the Appellant.

C. R. Baglin Esq., Crown Advocate.

JUDGMENT

THE Commissioner:

1.        This is an appeal by way of case stated.  On 26^th September, 2020, the appellant appeared before the Relief Magistrate in the Magistrate's Court to be sentenced for nine offences plus some parking offences.  Included in the offences was one count of driving without due care and attention.  For all the other offences she was sentenced to a total of 31 weeks' imprisonment and on the count of driving without due care and attention she was sentenced to 1 week imprisonment, consecutive, making a total of 32 weeks. 

2.        Now the offence of driving without due care and attention is constituted by Article 25 of the Road Traffic (Jersey) Law 1956 and the maximum penalty is a fine at Level 3, in other words £10,000.  It follows that the sentence imposed by the Relief Magistrate was unlawful.  The Attorney General agrees that this was so and does not oppose the appeal.  He also does not seek, in all the circumstances, for us to impose an alternative penalty. 

3.        In all the circumstances therefore we quash the sentence of 1 week's imprisonment and direct that the record be marked "no separate penalty" on the count of driving without due care and attention.  It follows that the aggregate sentence which the appellant is now serving is one of 31 weeks' imprisonment. 

Authorities

Road Traffic (Jersey) Law 1956