AG v Dorynek [2019] JRC 025A (15 February 2019)

AG v Dorynek [2019] JRC 025A (15 February 2019)

The defendant was sentenced for careless operation of a ship, with mitigating factors including a timely guilty plea, remorse, and loss of the boat. Forfeiture was denied as the boat was not used for the purpose of committing the offence. No costs orders were made against or in favour of the defendant due to lack of dishonesty and reasonable conduct by both parties.

Citation
[2019] JRC 025A
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
15 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Careless Operation of a Ship, Sentencing, Forfeiture, Costs
Criminal Law Maritime Law Careless Operation of a Ship Sentencing Forfeiture Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Liability for careless operation of a ship in territorial waters
  2. 2 Appropriateness of forfeiture order under Criminal Justice (Forfeiture Orders) (Jersey) Law, 2001
  3. 3 Entitlement to costs orders for prosecution and defence

Ratio Decidendi

The defendant was sentenced for careless operation of a ship, with mitigating factors including a timely guilty plea, remorse, and loss of the boat. Forfeiture was denied as the boat was not used for the purpose of committing the offence. No costs orders were made against or in favour of the defendant due to lack of dishonesty and reasonable conduct by both parties.

Court Disposition

conviction and fine

Orders

  • Fine of £5,000 payable within 3 months
  • 12 months' imprisonment in default of payment