Att. Gen. v Ernest Farley & Son Ltd. [2000] JLR_Note 47c (14 April 2000)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that fines for breach of statutory duty must be calibrated according to the seriousness of the breach, considering both aggravating and mitigating factors.
Court disposition
fines imposed
Orders
- Respondent fined for breach of statutory duty under safety legislation
02
Material facts
Parties
Attorney General
ApplicantErnest Farley & Son Ltd.
Respondent03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
What are the appropriate fines for breach of statutory duty under safety legislation?
- 02
What aggravating and mitigating factors should be considered in sentencing for such breaches?
Party arguments
- Applicant
- The applicant argued for the imposition of fines due to breach of statutory duty, emphasizing the seriousness of the safety violation and the need for deterrence.
- Respondent
- The respondent argued for mitigation based on factors such as cooperation, lack of previous convictions, and remedial actions taken.
05
Court’s reasoning
Legal principles
- 01
Jersey health and safety legislation and sentencing guidelines
Fines for breach of statutory duty should reflect both aggravating and mitigating factors.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that fines for breach of statutory duty must be calibrated according to the seriousness of the breach, considering both aggravating and mitigating factors.
Court disposition
fines imposed
- Respondent fined for breach of statutory duty under safety legislation
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.
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Judgment text
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Court record
Judgment
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