AG v Janvrins Holdings [2001] JRC 161A (26 July 2001)

AG v Janvrins Holdings [2001] JRC 161A (26 July 2001)

The defendant company deliberately demolished Janvrin's Farm to avoid its inclusion on the Register of Buildings of Local Interest, thereby committing an offence under Article 8 of the Island Planning Law. The company acted on incorrect legal advice, which is a mitigating factor, but the aggravating features and likely illicit profit justify a substantial fine.

Citation
[2001] JRC 161A
Parties
Defendant: Defendant company; Principal of Defendant Company: Mr. Sheppard; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
26 July 2001
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and fine imposed
Legal Topics
Unauthorised Demolition, Historic Buildings, Planning Permission, Sentencing, Mitigation and Aggravation
Planning Law Criminal Law Unauthorised Demolition Historic Buildings Planning Permission Sentencing Mitigation and Aggravation

Case Brief

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Parties

Defendant company

Defendant

Mr. Sheppard

Principal of Defendant Company

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant company unlawfully demolished Janvrin's Farm without planning permission
  2. 2 Whether the defendant company should be fined and to what extent
  3. 3 Whether illicit profit should be considered in sentencing

Ratio Decidendi

The defendant company deliberately demolished Janvrin's Farm to avoid its inclusion on the Register of Buildings of Local Interest, thereby committing an offence under Article 8 of the Island Planning Law. The company acted on incorrect legal advice, which is a mitigating factor, but the aggravating features and likely illicit profit justify a substantial fine.

Court Disposition

conviction and fine imposed

Orders

  • Defendant company to pay a fine of £150,000 within four months.
  • Obligation to pay £150,000 to be registered as an hypothèque on the company's immovable property.