AG -v- Connex Transport Jersey Limited [2012] JRC 073 (30 March 2012)

AG -v- Connex Transport Jersey Limited [2012] JRC 073 (30 March 2012)

Connex breached its health and safety obligations, resulting in catastrophic injury. Despite mitigation due to responsible conduct and cooperation, a substantial fine is warranted to reflect the gravity of the breach and the company's size.

Citation
[2012] JRC 073
Parties
Defendant: Connex; Victim: Mr Dos Santos
Jurisdiction
Jersey
Judgment Date
30 March 2012
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Employer Liability, Workplace Accident, Sentencing, Mitigation
Health and Safety Criminal Law Employer Liability Workplace Accident Sentencing Mitigation

Case Brief

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Parties

Connex

Defendant

Mr Dos Santos

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Connex breached its health and safety obligations resulting in serious injury to an employee
  2. 2 Appropriate level of fine considering the company's conduct and size

Ratio Decidendi

Connex breached its health and safety obligations, resulting in catastrophic injury. Despite mitigation due to responsible conduct and cooperation, a substantial fine is warranted to reflect the gravity of the breach and the company's size.

Court Disposition

conviction and fine

Orders

  • Connex is fined £50,000.
  • Connex is ordered to pay £5,000 in costs within 14 days.