Jersey Judgment

AG v APBS and Hoban [2002] JRC 161 (30 August 2002)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The fines imposed are reasonable and proportionate in light of the deliberate and knowing breaches of housing law, and there is no double jeopardy as the totality of the fines is considered.

Court disposition

convicted and fined

Orders

  • Defendant company fined £1,500 on charge 1 and £1,000 on charge 2
  • Mr. Hoban fined £1,500 or 2 months' imprisonment in default on charge 1
  • Mr. Hoban fined £1,000 or 1 month imprisonment consecutive on charge 2
  • Total fines of £2,500 or 3 months' imprisonment in default for Mr. Hoban
  • Costs of prosecution not exceeding £1,000 to be paid jointly and severally by company and Mr. Hoban
  • 1 month granted to pay fines

02

Material facts

Parties

Mr. Hoban

Defendant

Defendant Company

Defendant

Attorney General

Prosecutor

Amounts and remedies

  • Fine on Company Charge 1: GBP 1,500
  • Fine on Company Charge 2: GBP 1,000
  • Fine on Mr. Hoban Charge 1: GBP 1,500
  • Fine on Mr. Hoban Charge 2: GBP 1,000
  • Total Fine on Mr. Hoban: GBP 2,500
  • Prosecution Costs (maximum): GBP 1,000

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Counsel argued mitigation and raised the issue of potential double jeopardy due to the defendant's alter ego relationship with the company.
Respondent
Prosecution sought fines for deliberate breaches of housing law, emphasizing the need to punish knowing infractions to preserve housing stock for qualified residents.

05

Court’s reasoning

  1. 01

    Court's reasoning in judgment

    Purpose of housing law is to preserve housing stock for those with residential qualifications; deliberate breaches must be punished.

06

Ratio, limits and disposition

Ratio decidendi

The fines imposed are reasonable and proportionate in light of the deliberate and knowing breaches of housing law, and there is no double jeopardy as the totality of the fines is considered.

Court disposition

convicted and fined

  • Defendant company fined £1,500 on charge 1 and £1,000 on charge 2
  • Mr. Hoban fined £1,500 or 2 months' imprisonment in default on charge 1
  • Mr. Hoban fined £1,000 or 1 month imprisonment consecutive on charge 2
  • Total fines of £2,500 or 3 months' imprisonment in default for Mr. Hoban
  • Costs of prosecution not exceeding £1,000 to be paid jointly and severally by company and Mr. Hoban
  • 1 month granted to pay fines

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

[2002] JRC 161

JUDGMENT THE BAILIFF: 1. Mr. Hoban, the Court has given careful consideration to everything that has been said, and very eloquently, by your counsel on your behalf and in particular the Court has given consideration to the question of whether there is an element of double jeopardy in the conclusions, in the sense that we accept that the company is your alter ego and that you will ultimately pay the fines moved for in respect of the company.

2. We have as a result stood back from the matter and tried to look at the question in the sense of the totality of the fines moved for. Having done that we are, in fact, satisfied that the fines moved for are reasonable. You went into this with your eyes open. The purpose of the Housing Law is to preserve certain parts of the housing stock for people who are thought to have the greatest claim, that is to say people with residential qualifications and we must accordingly punish infractions of the Housing Law which are committed quite deliberately and in the knowledge that the law was being broken.

3. We accept all the points made by your counsel in mitigation on your behalf, but the conclusions are granted and the defendant company is accordingly fined £1,500 on charge 1 and £1,000 on charge 2. And you are fined £1,500, or in default of payment 2 months' imprisonment on charge 1; and £1,000 or 1 month, consecutive on charge 2, making a total of £2,500 or 3 months' imprisonment in default and we order that the costs of the prosecution, not exceeding £1,000 will be paid by the company and by you, jointly and severally. We will give the defendant 1 month to pay the fines. Authorities AG -v- Muren and Peters (16 th August 2000) Jersey Unreported; [2000/166] Page Last Updated: 21 Jun 2016 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 Muren and Peters (16th August 2000) Jersey Unreported; [2000/166]

Case cited

Housing Law

Legislation

Legislation referenced in the available case record.

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