Jersey Judgment

AG v Ahier [2000] JRC 177 (08 September 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendants' mistake does not excuse their infraction; property owners are responsible for knowing and complying with the law.

Court disposition

fine imposed

Orders

  • Fine of £1,000 or two months' imprisonment in default
  • Payment of prosecution costs up to £500
  • Two weeks granted to pay

02

Material facts

Parties

AG

Prosecution

Muren and Peters

Defendant

Amounts and remedies

  • Fine: GBP 1,000
  • Prosecution Costs: GBP 500

03

Procedural history

  1. Posture

    Criminal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The infraction arose from a mistake by the defendants.
Respondent
Property owners have a duty to establish and comply with the law.

05

Court’s reasoning

  1. 01

    Court's reasoning

    Mistake does not excuse infraction; property owners must ascertain and comply with the law.

06

Ratio, limits and disposition

Ratio decidendi

The defendants' mistake does not excuse their infraction; property owners are responsible for knowing and complying with the law.

Court disposition

fine imposed

  • Fine of £1,000 or two months' imprisonment in default
  • Payment of prosecution costs up to £500
  • Two weeks granted to pay

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2000] JRC 177

JUDGMENT THE BAILIFF: 1. The Court is going to grant the conclusions. We accept that the infraction of the law arose from a mistake on your part, but it is the duty of property owners to establish what the law is and then to comply with it.

2. We are going to impose a fine of £1,000, or, in default of payment, two months' imprisonment. You will also pay the cost of the prosecution up to £500. You will be granted two weeks in which to pay. Authorities AG -v- Muren and Peters (16 th August, 2000) Jersey Unreported. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

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AG -v- Muren and Peters (16th August, 2000) Jersey Unreported

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