AG v CNR Construction [2022] JRC 050 (25 February 2022)

AG v CNR Construction [2022] JRC 050 (25 February 2022)

The Defendant's multiple and systemic failings in health and safety management, including lack of supervision, improper assembly of working platforms, and failure to follow internal procedures, constituted a serious breach directly causing catastrophic injury. The court assessed culpability as medium and imposed a fine of £100,000, reflecting the gravity of the offence and the need for deterrence, with an additional order for costs.

Citation
[2022] JRC 050
Parties
Defendant: CNR Construction; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
25 February 2022
Procedural Posture
Health and Safety Prosecution / Sentencing Judgment
Outcome
Defendant fined and ordered to pay costs
Legal Topics
Workplace Safety, Corporate Liability, Sentencing, Construction Accidents
Criminal Law Health and Safety Law Workplace Safety Corporate Liability Sentencing Construction Accidents

Case Brief

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Parties

CNR Construction

Defendant

Attorney General

Prosecution

Procedural Posture

Health and Safety Prosecution / Sentencing Judgment

Legal Issues

  1. 1 Appropriate financial penalty for breach of health and safety legislation resulting in catastrophic injury
  2. 2 Assessment of culpability and harm in corporate health and safety offences
  3. 3 Relevance of company means in sentencing

Ratio Decidendi

The Defendant's multiple and systemic failings in health and safety management, including lack of supervision, improper assembly of working platforms, and failure to follow internal procedures, constituted a serious breach directly causing catastrophic injury. The court assessed culpability as medium and imposed a fine of £100,000, reflecting the gravity of the offence and the need for deterrence, with an additional order for costs.

Court Disposition

Defendant fined and ordered to pay costs

Orders

  • Fine of £100,000 imposed on Defendant (£50,000 on each count)
  • Defendant to contribute £5,000 towards prosecution costs