AG v Jubilee Scaffolding Company Limited [2019] JRC 077A (03 May 2019)

AG v Jubilee Scaffolding Company Limited [2019] JRC 077A (03 May 2019)

The Defendant's conduct fell substantially short of the appropriate standard, creating a clear and obvious danger by failing to address the risk posed by a live electrical cable, warranting a substantial fine.

Citation
[2019] JRC 077A
Parties
Defendant: Defendant Company; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
03 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Workplace Safety, Electricity Hazards, Corporate Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Defendant Company

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

  1. 1 breach of Health and Safety at Work (Jersey) Law 1989
  2. 2 failure to avoid danger from electrical cable
  3. 3 culpability and risk assessment

Ratio Decidendi

The Defendant's conduct fell substantially short of the appropriate standard, creating a clear and obvious danger by failing to address the risk posed by a live electrical cable, warranting a substantial fine.

Court Disposition

conviction and sentencing

Orders

  • Fine of £40,000 imposed on Defendant
  • Defendant ordered to pay £5,000 towards Crown's costs