AG v BRB [2002] JRC 37 (08 February 2002)

AG v BRB [2002] JRC 37 (08 February 2002)

The defendant company admitted to failing to ensure a safe system of work, an aggravating factor was the prior improvement notice, but mitigating factors included a clean record and immediate admission; a substantial fine is warranted to punish and deter such conduct.

Citation
[2002] JRC 37
Parties
Defendant: Defendant Company
Jurisdiction
Jersey
Judgment Date
08 February 2002
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Workplace Safety, Employer Liability, Sentencing
Health and Safety Law Criminal Law Workplace Safety Employer Liability Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Defendant Company

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant company failed to ensure a safe system of work for its employees in breach of the Health and Safety at Work (Jersey) Law, 1989
  2. 2 Appropriate penalty for the admitted infraction

Ratio Decidendi

The defendant company admitted to failing to ensure a safe system of work, an aggravating factor was the prior improvement notice, but mitigating factors included a clean record and immediate admission; a substantial fine is warranted to punish and deter such conduct.

Court Disposition

conviction and fine

Orders

  • Fine of £10,000 imposed on the defendant company
  • Order to pay prosecution costs not exceeding £2,500