Subject-Matter Index

Abandoned vehicles. See TORT (Trespass to goods—burden of proof)

Burden of proof. See Driving or in charge with excess alcohol—likelihood of driving with excess alcohol

Dangerous driving

elements of offence

driving that is dangerous in circumstances and fault on part of defendant—fault not necessarily deliberate misconduct or recklessness—may be driving below standard of competent and careful driver: H.M. Procureur v. Simon (Royal Ct.), 1997–99 GLR N [3]

sentence

if inappropriate to distinguish offenders’ roles in jointly executed crime, consecutive rather than concurrent sentence for dangerous driving by driver of getaway vehicle may be inequitable: Wickenden v. Law Officers (C.A.), 2005–06 GLR N [33]

Disqualification from driving

commencement of disqualification

commences as soon as ordered and multiple disqualifications run concurrently, though not prescribed by statute—in absence of statutory authority, not possible to order disqualification to take effect consecutive to another disqualification: Collins v. Law Officers (C.A.), 2011–12 GLR N [16]

concurrent and consecutive disqualifications. See Disqualification from driving—commencement of disqualification

special reasons

probably only found if dire emergency, driving necessary and no reasonable possibility of assistance from others, e.g. emergency services or friends—high blood-alcohol level and danger to public militate against finding special reasons: Law Officers v. Leadbeater (Royal Ct.), 2005–06 GLR N [25]

using vehicle while uninsured

honest but mistaken belief insured (offender unaware that in Guernsey insurance has to be renewed annually, and assumed insurance arranged by estranged wife) not special reason not to impose mandatory disqualification: Bookless v. Law Officers (Royal Ct.), 2019 GLR N [2]

Driving or in charge with excess alcohol

failure to provide specimen for analysis

sentence

fine to be similar to that imposed for highest reading—custodial sentences to be considered for re-offenders or where evidence that driving seriously impaired: Law Officers v. Hatwell (Royal Ct.), 2003–04 GLR 146

immediate imprisonment usual and suspended sentence only in exceptional circumstances—life-threatening medical condition of spouse and crucial involvement of appellant, e.g. as only suitable organ donor, may be exceptional circumstances: Law Officers v. Robilliard (Royal Ct.), 2005–06 GLR N [15]

likelihood of driving with excess alcohol

burden of proof on accused to establish defence pursuant to Road Traffic (Drink Driving) (Guernsey) Law 1989, s.2(3) on balance of probabilities—does not offend against presumption of innocence: Le Billon v. Law Officers (Royal Ct.), 2019 GLR 276

burden of proof on accused to establish defence under Road Traffic (Drink Driving) (Guernsey) Law 1989, s.2(3) on balance of probabilities—subjective intention of accused legitimately disbelieved if alcohol level so high that unlikely to know when legal or safe to drive—genuine knowledge or scientific evidence desirable to support subjective belief: Bergmanis v. Law Officers (Royal Ct.), 2009–10 GLR N [17]

sentence

failure to provide specimen for analysis. See Driving or in charge with excess alcohol—failure to provide specimen for analysis

immediate custodial sentence usual for first offenders (or if spent convictions) with reading of over 110 µg. alcohol per 100 ml. breath and re-offenders with reading of over 70 µg.—court to consider length of time since previous conviction and since end of disqualification: Law Officers v. Hatwell (Royal Ct.), 2003–04 GLR 146

starting point—if immediate custodial sentence imposed, where guilty plea and no aggravating factors, e.g. serious bodily injury, starting point between 4 and 6 weeks’ imprisonment—maximum penalty of 3 months only for serious cases and where no guilty plea—suspended sentence to be exceptional: Law Officers v. Hatwell (Royal Ct.), 2003–04 GLR 146

Driving under influence of drink. See Driving or in charge with excess alcohol

Insurance

using vehicle while uninsured

sentence

Police responsibility to road users. See POLICE (Responsibility to road users)

Special reasons. See Disqualification from driving—special reasons