1998/188 - O'Neill v AG [1998] UR 188 (14 September 1998)

1998/188 - O'Neill v AG [1998] UR 188 (14 September 1998)

The appellant deliberately breached the Housing Law after clear legal advice and warnings, justifying a substantial fine, but the original fine was excessive compared to precedent; a reduced fine of £14,000 is appropriate.

Source-derived case information.

Citation
[1998] UR 188
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
14 September 1998
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Breach of Housing Regulations, False Statements, Sentencing, Mitigation
Criminal Law Housing Law Breach of Housing Regulations False Statements Sentencing Mitigation

Source-derived case record

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

  1. 1 Whether the appellant deliberately breached the Housing (General Provisions) (Jersey) Regulations, 1970
  2. 2 Appropriateness of the fine imposed for the breach

Ratio Decidendi

The appellant deliberately breached the Housing Law after clear legal advice and warnings, justifying a substantial fine, but the original fine was excessive compared to precedent; a reduced fine of £14,000 is appropriate.

Court Disposition

appeal allowed in part

Orders

  • fine reduced to £14,000