AG v Deerglen and Heitkamp [2009] JRC 019 (09 February 2009)

AG v Deerglen and Heitkamp [2009] JRC 019 (09 February 2009)

The appropriate fines for Deerglen and Heitkamp are £25,000 and £50,000 respectively, reflecting the seriousness of the breaches, the need for deterrence, the means of each defendant, and their mitigation. Costs of £2,500 are also imposed on each. The court considered the gravity, duration, and risk of the breaches, the lack of deliberate profit, the companies' financial positions, and the need for proportionality in sentencing joint venture partners.

Citation
[2009] JRC 019
Parties
Defendant: Deerglen; Defendant: Heitkamp; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
09 February 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Corporate Liability, Workplace Safety, Sentencing Principles, Joint Venture Liability
Health and Safety Criminal Law Construction Law Corporate Liability Workplace Safety Sentencing Principles Joint Venture Liability

Case Brief

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Parties

Deerglen

Defendant

Heitkamp

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for breaches of health and safety duties by joint venture contractors under Article 51 of the Health and Safety at Work (Jersey) Law 1989?
  2. 2 How should fines be apportioned between joint venture partners with differing means and mitigation?

Ratio Decidendi

The appropriate fines for Deerglen and Heitkamp are £25,000 and £50,000 respectively, reflecting the seriousness of the breaches, the need for deterrence, the means of each defendant, and their mitigation. Costs of £2,500 are also imposed on each. The court considered the gravity, duration, and risk of the breaches, the lack of deliberate profit, the companies' financial positions, and the need for proportionality in sentencing joint venture partners.

Court Disposition

conviction and fine

Orders

  • Deerglen fined £25,000 and ordered to pay £2,500 costs within 3 months.
  • Heitkamp fined £50,000 and ordered to pay £2,500 costs within 28 days.