Att. Gen. v Ernest Farley & Son Ltd. [2000] JLR_Note 47c (14 April 2000)
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.
- Parties
- Applicant: Attorney General; Respondent: Ernest Farley & Son Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 14 April 2000
- Procedural Posture
- Criminal / Sentencing
- Outcome
- fines imposed
- Legal Topics
- Breach of Statutory Duty, Sentencing, Aggravating and Mitigating Factors
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Ernest Farley & Son Ltd.
Respondent
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 What are the appropriate fines for breach of statutory duty under safety legislation?
- 2 What aggravating and mitigating factors should be considered in sentencing for such breaches?
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
Orders
- Respondent fined for breach of statutory duty under safety legislation
Full Case Text
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