DVSA v Jabarkhel
Stephen represented DVSA, below are the Judge’s remarks.
On three separate occasions spread over three months and in test centres at Shrewsbury, Ilford and Bethnal Green, you tried to sit driving theory tests on behalf of those working towards them. On each occasion you produced licences. This was deliberate offending. The potential consequences were unimaginable - it would have allowed drivers on the road without any real knowledge of the rules. I have no doubt that good money was made - you accepted £200 on each occasion. On each occasion you were discovered. I have considered the SG: this is a high culpability matter (sophisticated, planned and committed over a sustained period). It is hard to assess harm because it is not a case involving financial loss. The true potential victims were other road users. This falls into Category 5 but goes up to Category 4 to reflect the potential impact on victims. There is a starting point of 18months imprisinment. I remind myself that that that is for a single offence - I am dealing with you for three. That moves the categorisation of your offending substantially upwards. There are no aggravating features - I have taken everything into account when setting the starting point. Your best mitigation is your early Guilty Plea. You are of good character. I have read your Pre-Sentence Report. I accept that your motivation was to gain money to send to your family in Afghanistan. I do not accept that it was unsophisticated. I am asked to take into account your tough upbringing, your mother’s ill heath and that you have undertaken education here. As to sentence, the offending is so serious that neither a fine nor community sentence is justified. On each charge I impose a custodial term of 21months which I suspend for 2 yrs (concurrently). Rehabilitation Activity Requirement of 10 days. Unpaid Work of 80 hrs to be completed within 12months. You will be brought back before this court if you breach it. You will make a £1,800 contribution towards the Prosecution’s costs to be paid at £300 p/m. First payment on 01.11.24.
Thursday 17 October 2024
