AG -v- Deerglen [2009] JRC 134 (26 June 2009)

AG -v- Deerglen [2009] JRC 134 (26 June 2009)

The defendant company was sentenced based on admitted reckless breaches of health and safety law, failure to heed inspectorate warnings, and previous conviction, but mitigation was allowed due to post-offence improvements and application of the totality principle.

Source-derived case information.

Citation
[2009] JRC 134
Parties
Defendant: Deerglen (Jersey) Limited; Prosecutor: Health and Safety Inspectorate
Jurisdiction
Jersey
Judgment Date
26 June 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Workplace Safety, Recklessness, Corporate Liability, Sentencing, Mitigation
Health and Safety Criminal Law Workplace Safety Recklessness Corporate Liability Sentencing Mitigation

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Summary, issues, holding and outcome

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Parties

Deerglen (Jersey) Limited

Defendant

Health and Safety Inspectorate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 reckless breach of health and safety duties
  2. 2 failure to heed inspectorate warnings
  3. 3 adequacy of mitigation and totality principle

Ratio Decidendi

The defendant company was sentenced based on admitted reckless breaches of health and safety law, failure to heed inspectorate warnings, and previous conviction, but mitigation was allowed due to post-offence improvements and application of the totality principle.

Court Disposition

conviction and fine

Orders

  • Fine of £15,000 on Count 1
  • Fine of £15,000 on Count 2