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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/206A - Bailiey v AG [1998] UR 206A (19 October 1998) URL: http://www.bailii.org/je/cases/UR/1998/206A.html Cite as: [1998] UR 206A

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ROYAL COURT

(Samedi Division)

19 October 1998

Before: F C Hamon, Esq., Deputy Bailiff and

Jurats Le Ruez and Herbert

Yvonne Patricia Bayley

-v-

AG

MAGISTRATES COURT APPEAL

Appeal against a o1,000 fine sentence, with 2 years disqualification from driving imposed on 24 June, 1998, following a guilty plea to 1 count of driving with alcohol in excess of the prescribed limit, contrary to Article 16 (A) (1) of the Road Traffic (Jersey) Law, 1956 as amended.

Appeal allowed; o1,000 fine quashed

Mrs S Sharpe, Crown Advocate

Advocate M I Guillaume for the Appallent

JUDGMENT

THE DEPUTY BAILIFF: Charged under 16(a) (1) of the Road Traffic (Jersey) Law 1956, the Accused had pleaded guilty and was represented by Counsel. Advocate Guillaume was asked by the Magistrate what he wanted to say in mitigation, and to be extremely fair to him, he dealt with that position very well.

The Appellant had been stopped after being followed by a police car. Her car had been weaving in traffic, and the Appellant showed obvious signs of intoxication and the lowest reading on the line in toximeter was 82 micrograms of alcohol in 100 millilitres of breath.

Judge Tricot enquired as to her means, and as we read the papers he was told that she was in debt at the end of every week, she had a o4,000 loan to repay after necessary expenses; rent of o95 per week; a food bill of o30 per week, and we think that very reasonable. She was then left with o20 to pay off her outstanding debts. She was paid weekly and had been paid o111 in the week in question. She also had a substantial debt on an access card, although the Court was not told how much it was. She was 37 years of age at the time, and had no record. The actual words of Judge Tricot were these:

In the light of the background - and Advocate Guillaume has presented to us further information by way of written evidence that his client is clearly still not well, and she was not well before these proceedings took place we feel that it would be correct to allow the driving ban to stand and to quash the fine altogether.

Authorities

Muir -v- A.G. (9 January 1989,) Jersey Unreported

Thomas: Current Sentencing Practice (R.35: December 1997)

J1 2CO1; J1-2D01