Jersey Judgment

AG -v- Ackland [2005] JRC 042 (08 April 2005)

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Professional case brief

Research organized from the available case record

Source document

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

Defendant

Crown Advocate

Prosecutor

Amounts and remedies

  • Fine Charge 3: GBP 700
  • Fine Charge 4: GBP 300
  • Total Fine: GBP 1,000

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 01

    building regulations

    Punishment for breach of safety regulations resulting in death

  2. 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.

Source document

Court record

Judgment

[2005] JRC 042

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG -v- Trio Construction Ltd. (5th February 1993) Jersey Unreported; [1993/21]

Case cited

AG -v- Mann (20 October 1997) Jersey Unreported; [1997/194]

Case cited

R -v- Chelmsford Crown Court ex p. Birchall [1989] 11 Cr. App. R (S) 510

Case cited

building regulations

Legislation

Legislation referenced in the available case record.

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