Jersey Judgment

AG v Sowney [2002] JRC 103 (24 May 2002)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant breached his obligations under the Social Security Law, 1974, over a long period, and although mitigating circumstances exist, fines and costs must be imposed.

Court disposition

conviction and fines imposed

Orders

  • Fine of £100 for each count under Article 6(1), totaling £5,400
  • Costs of £1,000 to be paid by defendant
  • Default provision: 36 weeks imprisonment if fines not paid
  • Fines may be paid at minimum rate of £75 per week

02

Material facts

Parties

Mr Sowney

Defendant

Crown

Prosecutor Counsel: Crown Advocate

Amounts and remedies

  • Total Breach Amount: GBP 8,176.48
  • Total Fine Imposed: GBP 5,400
  • Costs Imposed: GBP 1,000
  • Minimum Weekly Payment: GBP 75
  • Default Prison Sentence: 36

03

Procedural history

  1. Posture

    Criminal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant had financial difficulties, was cooperative, and paid arrears on the day of the summons. He may have been misled by another individual and has no criminal record.
Respondent
Ignorance of the law is not an excuse. The breach was serious and prolonged. The defendant only paid arrears after the summons, despite having sold property earlier.

05

Court’s reasoning

  1. 01

    Social Security Law, 1974

    Ignorance of the law is not an excuse for breach.

  2. 02

    General criminal law principles

    Mitigating circumstances may reduce penalties but do not absolve liability.

06

Ratio, limits and disposition

Ratio decidendi

The defendant breached his obligations under the Social Security Law, 1974, over a long period, and although mitigating circumstances exist, fines and costs must be imposed.

Obiter and limits

  • Any builder in Jersey must be aware of his obligations under the law.
  • If the defendant had acted earlier, he would not be in court today.

Court disposition

conviction and fines imposed

  • Fine of £100 for each count under Article 6(1), totaling £5,400
  • Costs of £1,000 to be paid by defendant
  • Default provision: 36 weeks imprisonment if fines not paid
  • Fines may be paid at minimum rate of £75 per week

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2002] JRC 103

JUDGMENT THE COMMISSIONER: 1. Everyone has obligations under the Social Security Law, 1974 . The obligations are not onerous; the consequences of breach are always serious, because if one does not pay then others who do so have to bear the burden at the end of the day.

2. This was as you know a serious breach over a long period which starts in 1996, and amounts in total to £8,176.48. Any builder in Jersey must be aware of his obligations under the law. The booklet issued by the Social Security Committee, for instance, could not be clearer. The copy we have says this:- "The Social Security Classification Jersey Order, 1974, has been changed. All labour owning contractors and sub-contractors working in the construction and building industry are classified as employed persons." 3. We have excellent references, and Mr Sowney has no criminal record whatsoever. He may have been duped by Mr Blackshaw but it was this aberration that led Mr Sowney to provide further details of four more individuals.

4. The Crown has taken level 2 fines and whilst we appreciate the defendant has had financial difficulties we cannot, of course, find in mitigation that ignorance of the law is an excuse. We appreciate that the defendant has been co-operative; but the arrears were only paid on the day that the summons was issued, despite the fact that of the two properties in which he had an interest one had been sold some weeks previously. I have to say this: if he had acted earlier, he would not he in court today. Because of all the mitigating circumstances we are in fact going to reduce the conclusions slightly, but the costs must be paid, they lie entirely at the door of the defendant.

5. We will follow the conclusions of the Crown but we will reduce the Article 6(1) infraction to £100 for each count. That makes a total of fine of £5,400 to which of course we add £1,000 costs and the default provisions as stated by the Crown Advocate remain to make a total prison sentence of 36 weeks if the fines are not paid. They may be paid at the minimum rate of £75 per week. Authorities A. G.-v- Hervé (29 th March, 2001) Jersey Unreported; [2001/77]. A. G.-v- Cahours (15 th December, 2000) Jersey Unreported; [2000/250A] AG v Lagadu - (17 th November, 2000) Jersey Unreported; [2000/228]. Page Last Updated: 21 Jun 2016 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.

A. G.-v-Hervé (29 March, 2001) Jersey Unreported; [2001/77]

Case cited

A. G.-v-Cahours (15 December, 2000) Jersey Unreported; [2000/250A]

Case cited

AG v Lagadu (17 November, 2000) Jersey Unreported; [2000/228]

Case cited

Social Security Law, 1974

Legislation

Legislation referenced in the available case record.

Social Security Classification Jersey Order, 1974

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.