Jenkins v Procurator Fiscal, Stranraer

Sentencing – Road traffic offences – Drink driving. Sheriff Appeal Court: Allowing an appeal by an appellant who pled guilty to driving with excess alcohol and who was fined £1,400 (reduced from £1,500) and disqualified for 34 months (reduced from 3 years), the court held that the sheriff misdirected himself by applying a formulaic calculation of the period of disqualification based on the ratio of the alcohol reading above the prescribed limit rather than making an objective assessment of the alcohol reading and any aggravating and mitigating circumstances; and the fine imposed was also excessive as the sheriff misdirected himself as to the level of culpability and risk the appellant presented: an appropriate period of disqualification was 2 years (reduced to 22 months to reflect the guilty plea) and the fine would be quashed and one of £900 (reduced from £1,000) would be substituted.

Category: