Royal Court quashes “unlawful” sentence

Tuesday 24 November 2020

The Royal Court has quashed a sentence imposed by the Relief Magistrate on a local driver, describing it as “unlawful."

Michelle Bernice Ahier appeared before the Magistrate’s Court on 26 September to be sentenced for a number of offences, which included one count of driving without due care and attention, as well as parking offences.

The Relief Magistrate imposed a sentence of 32 weeks in prison for the offences, including one week specifically for the charge of driving without due care and attention.

Pictured: Ahier's appeal was heard in Royal Court.

Ahier, who was represented by Advocate Sarah Dale, appealed the sentence and her case was heard by Royal Court Commissioner Sir Michael Birt, and Jurats Jerry Ramsden and Gareth Hughes.

In their judgment, they noted that the maximum penalty for the offence of driving without due care and attention is a £10,000 fine. 

“It follows that the sentence imposed by the Relief Magistrate was unlawful,” they wrote.

The Attorney General, who was represented by Crown Advocate Chris Baglin at the hearing, agreed with the court’s judgment and neither opposed the appeal, nor sought an alternative penalty.  

The Royal Court therefore quashed the one week sentence and asked for the record to show no separate penalty had been imposed for the offence. 

Ahier will therefore serve 31 weeks in prison.