AG v Camerons Ltd and DB Cummins Ltd [2021] JRC 217 (20 August 2021)

AG v Camerons Ltd and DB Cummins Ltd [2021] JRC 217 (20 August 2021)

Both defendants were equally culpable for failing to recognise and avert serious and life-threatening risks, with systems in place but not sufficiently adhered to or implemented. The risk of harm was high, and aggravating and mitigating factors were balanced in determining fines.

Citation
[2021] JRC 217
Parties
Defendant: Camerons Ltd; Defendant: DB Cummins (Jersey) Ltd; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
20 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Workplace Safety, Electricity Supply, Corporate Liability, Sentencing
Health and Safety Criminal Law Workplace Safety Electricity Supply Corporate Liability Sentencing

Case Brief

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Parties

Camerons Ltd

Defendant

DB Cummins (Jersey) Ltd

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 degree of culpability for breach of health and safety law
  2. 2 assessment of risk and harm
  3. 3 mitigating and aggravating factors in sentencing

Ratio Decidendi

Both defendants were equally culpable for failing to recognise and avert serious and life-threatening risks, with systems in place but not sufficiently adhered to or implemented. The risk of harm was high, and aggravating and mitigating factors were balanced in determining fines.

Court Disposition

conviction and sentencing

Orders

  • Both defendants fined £55,000 each.
  • Both defendants ordered to contribute £5,000 each towards Crown's costs.