AG v Gindill [2003] JRC 056 (21 March 2003)

AG v Gindill [2003] JRC 056 (21 March 2003)

The Defendants knowingly constructed a driveway without planning permission, constituting a clear breach of the Planning Law. Their good character does not excuse the infraction, and a penalty is warranted to uphold the law.

Citation
[2003] JRC 056
Parties
Prosecutor: Solicitor General; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
21 March 2003
Procedural Posture
Criminal / Judgment
Outcome
Defendants fined jointly and severally £5,000 with an alternative of 3 months' imprisonment in default; ordered to pay prosecution costs not exceeding £1,000; one month to pay the fine.
Legal Topics
Unauthorized Construction, Planning Permission, Breach of Planning Law, Sentencing
Planning Law Criminal Law Unauthorized Construction Planning Permission Breach of Planning Law Sentencing

Case Brief

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Parties

Solicitor General

Prosecutor

Defendants

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the Defendants breached planning law by constructing a driveway without permission
  2. 2 Appropriate penalty for breach of planning law

Ratio Decidendi

The Defendants knowingly constructed a driveway without planning permission, constituting a clear breach of the Planning Law. Their good character does not excuse the infraction, and a penalty is warranted to uphold the law.

Court Disposition

Defendants fined jointly and severally £5,000 with an alternative of 3 months' imprisonment in default; ordered to pay prosecution costs not exceeding £1,000; one month to pay the fine.

Orders

  • Defendants fined £5,000 jointly and severally
  • Alternative of 3 months' imprisonment in default of payment