AG -v- Dempsey [2005] JRC 085 (24 June 2005)

AG -v- Dempsey [2005] JRC 085 (24 June 2005)

The penalty imposed must reflect the seriousness of reckless exposure to asbestos and prioritize deterrence; a total fine of £10,000 is appropriate, with consideration given to the defendant's means and the possibility of imprisonment in default.

Citation
[2005] JRC 085
Parties
Prosecutor: Attorney General; Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
24 June 2005
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Asbestos Regulation, Workplace Safety, Sentencing, Recklessness
Criminal Law Health and Safety Law Asbestos Regulation Workplace Safety Sentencing Recklessness

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Attorney General

Prosecutor

Defendant (unnamed)

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 reckless exposure to asbestos
  2. 2 breach of Health and Safety at Work (Jersey) Law 1989
  3. 3 breach of Asbestos (Licensing)(Jersey) Regulations 1997

Ratio Decidendi

The penalty imposed must reflect the seriousness of reckless exposure to asbestos and prioritize deterrence; a total fine of £10,000 is appropriate, with consideration given to the defendant's means and the possibility of imprisonment in default.

Court Disposition

conviction and sentencing

Orders

  • Fine of £5,000 on charge 1 or 3 months' imprisonment in default.
  • Fine of £5,000 on charge 2 or 3 months' imprisonment in default, consecutive.