AG -v- Ackland [2005] JRC 042 (08 April 2005)
- Citation
- [2005] JRC 042
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant is punished for failing to comply with building regulations, which resulted in a fatality, despite the personal loss suffered.
Court disposition
convicted and fined
Orders
- Fine of £700 on charge 3 or 2 months' imprisonment in default
- Fine of £300 on charge 4 or 1 month imprisonment in default, consecutive
- Total fine of £1000 or 3 months' imprisonment in default
- Fines to be paid within 24 months by monthly instalments to be agreed with the Viscount's Department
02
Material facts
Parties
Mr Ackland
DefendantCrown Advocate
ProsecutorAmounts and remedies
- Fine Charge 3: GBP 700
- Fine Charge 4: GBP 300
- Total Fine: GBP 1,000
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
failure to comply with building regulations resulting in death
- 02
appropriate punishment for breach of safety regulations
Party arguments
- Respondent
- The Crown Advocate considered the loss suffered by the defendant but emphasized the necessity of punishment due to the fatal consequences of the breach.
05
Court’s reasoning
Legal principles
- 01
building regulations
Punishment for breach of safety regulations resulting in death
- 02
court's reasoning
Sentencing discretion considering personal loss
06
Ratio, limits and disposition
Ratio decidendi
The defendant is punished for failing to comply with building regulations, which resulted in a fatality, despite the personal loss suffered.
Obiter and limits
- The greater punishment suffered is the loss of a colleague and friend.
- The court grants conclusions without enthusiasm, taking into account all circumstances.
Court disposition
convicted and fined
- Fine of £700 on charge 3 or 2 months' imprisonment in default
- Fine of £300 on charge 4 or 1 month imprisonment in default, consecutive
- Total fine of £1000 or 3 months' imprisonment in default
- Fines to be paid within 24 months by monthly instalments to be agreed with the Viscount's Department
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. Mr Ackland , we are going to grant the conclusions, although, having regard to all the circumstances of the case, we are doing so without any enthusiasm at all. We think that the greater punishment that you have suffered is the loss of your colleague and friend and we take that very much into account as we are sure the Crown Advocate has done. But at the end of the day, a man has lost his life as a result of a failure to comply with building regulations which are designed to ensure the safety of employees and the safety of those who go up into high places and we must therefore punish you for the offences which you have committed.
2. The conclusions are granted and you are sentenced on charge 3 to a fine of £700 or in default, 2 months' imprisonment, and on charge 4 to £300 or in default, 1 month imprisonment consecutive, making a total fine of £1000 or in default of payment, 3 months' imprisonment and those fines must be paid within 24 months by monthly instalments to be agreed with the Viscount's Department. Authorities AG -v- Trio Construction Ltd. (5 th February 1993) Jersey Unreported; [1993/21]. AG -v- Mann (20 October 1997) Jersey Unreported; [1997/194]. R -v- Chelmsford Crown Court ex p. Birchall [1989] 11 Cr. App. R (S) 510 Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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