AG v Irwin [2002] JRC 78 (12 April 2002)

AG v Irwin [2002] JRC 78 (12 April 2002)

The fine imposed is mitigated due to the defendant's dire financial position and delays in sale caused by planning permission issues, with payment conditional on sale proceeds.

Citation
[2002] JRC 78
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
12 April 2002
Procedural Posture
Criminal / Sentencing
Outcome
fine imposed with conditional payment and costs ordered
Legal Topics
Lodging House Regulation, Planning Permission, Sentencing, Financial Hardship
Criminal Law Lodging House Regulation Planning Permission Sentencing Financial Hardship

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 unlawful operation of lodging house
  2. 2 exceeding permitted number of lodgers
  3. 3 impact of financial hardship on sentencing

Ratio Decidendi

The fine imposed is mitigated due to the defendant's dire financial position and delays in sale caused by planning permission issues, with payment conditional on sale proceeds.

Court Disposition

fine imposed with conditional payment and costs ordered

Orders

  • Fine of £2,000 to be paid within 14 days after sale of hotel
  • One month prison sentence in default of payment