Jersey Judgment

AG v Jubilee Scaffolding Company Limited [2019] JRC 077 (03 May 2019)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The correct level of the fine is £40,000 with four months to pay, and a contribution towards costs in the sum of £5,000 with four months to pay.

Court disposition

fine imposed and costs awarded

Orders

  • Fine of £40,000 to be paid within four months
  • Contribution towards costs of £5,000 to be paid within four months

02

Material facts

Parties

Crown

Respondent

Defendant

Applicant

Amounts and remedies

  • Fine: GBP 40,000
  • Costs Contribution: GBP 5,000

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Respondent
Crown's conclusions regarding fine and costs are correct.

05

Court’s reasoning

  1. 01

    AG v Jubilee Scaffolding Company Limited [2010] JRC 206B

    Appropriate sentencing and fines for corporate offenders

  2. 02

    AG v Petroleum Distribution (Jersey) Limited [2018] JRC190

    Sentencing principles for corporate defendants

  3. 03

    R-v-F Howe and Son (Engineers) Limited [1999] 2 CR App R (S) 37

    Sentencing guidelines for corporate offenders

06

Ratio, limits and disposition

Ratio decidendi

The correct level of the fine is £40,000 with four months to pay, and a contribution towards costs in the sum of £5,000 with four months to pay.

Court disposition

fine imposed and costs awarded

  • Fine of £40,000 to be paid within four months
  • Contribution towards costs of £5,000 to be paid within four months

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

[2019] JRC 077

JUDGMENT THE Lieutenant BAILIFF: 1. The court has given very careful consideration to everything that has been addressed to us, but we are satisfied that the Crown's conclusions are correct and that the correct level of the fine should be £40,000 with four months within which to pay. Detailed reasons for our judgment will follow as soon as we can.

2. I award a contribution towards costs in the sum of £5,000 and there will be four months to pay. Authorities AG v Jubilee Scaffolding Company Limited [2010] JRC 206B . AG v Petroleum Distribution (Jersey) Limited [2018] JRC190. R-v-F Howe and Son (Engineers) Limited [1999] 2 CR App R (S) 37 . Page Last Updated: 20 May 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

AG v Jubilee Scaffolding Company Limited [2010] JRC 206B

Case cited

AG v Petroleum Distribution (Jersey) Limited [2018] JRC190

Case cited

R-v-F Howe and Son (Engineers) Limited [1999] 2 CR App R (S) 37

Case cited

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