AG -v- Monamy [2013] JRC 253 (13 December 2013)

AG -v- Monamy [2013] JRC 253 (13 December 2013)

The defendant, despite his experience and prior warnings, failed to obtain required building permission, constituting a clear breach of the Planning and Building (Jersey) Law 2002. Retrospective consent and early admission mitigate but do not excuse the offence. Fines are imposed to reflect the seriousness and deterrence required.

Citation
[2013] JRC 253
Parties
Defendant: Defendant (unnamed); Prosecution: Crown/Prosecution
Jurisdiction
Jersey
Judgment Date
13 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Unauthorised Building Works, Building Permits, Planning Permission, Sentencing
Planning Law Criminal Law Unauthorised Building Works Building Permits Planning Permission Sentencing

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Defendant (unnamed)

Defendant

Crown/Prosecution

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant breached the Planning and Building (Jersey) Law 2002 by carrying out building works without permission
  2. 2 Appropriate penalty for unauthorised building works

Ratio Decidendi

The defendant, despite his experience and prior warnings, failed to obtain required building permission, constituting a clear breach of the Planning and Building (Jersey) Law 2002. Retrospective consent and early admission mitigate but do not excuse the offence. Fines are imposed to reflect the seriousness and deterrence required.

Court Disposition

conviction and fine

Orders

  • Fine of £2,500 on Count 1
  • Fine of £2,500 on Count 2