AG -v- Pitman and Southern [2009] JRC 102 (20 May 2009)

AG -v- Pitman and Southern [2009] JRC 102 (20 May 2009)

The court cannot tolerate conduct by elected States Members that undermines the rule of law; the appropriate penalty is the maximum fine designated by statute, as the defendants were fully aware of the consequences of their actions.

Citation
[2009] JRC 102
Parties
Defendant: Deputy Pitman; Defendant: Deputy Southern
Jurisdiction
Jersey
Judgment Date
20 May 2009
Procedural Posture
Criminal / Sentencing
Outcome
defendants fined
Legal Topics
Rule of Law, Sentencing of Elected Officials, Breach of Statutory Duty
Criminal Law Constitutional Law Rule of Law Sentencing of Elected Officials Breach of Statutory Duty

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 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Deputy Pitman

Defendant

Deputy Southern

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether elected officials are subject to the same penalties as others for breaching statutory law
  2. 2 Appropriate sentence for breach of Public Elections (Jersey) Law 2002

Ratio Decidendi

The court cannot tolerate conduct by elected States Members that undermines the rule of law; the appropriate penalty is the maximum fine designated by statute, as the defendants were fully aware of the consequences of their actions.

Court Disposition

defendants fined

Orders

  • Deputy Pitman fined £1,000 on each of counts 1 and 2, consecutive, or 2 weeks' imprisonment in default per count; total £2,000 or 4 weeks' imprisonment in default; 2 months to pay.
  • Deputy Southern fined £500 on each count, consecutive, or 1 week's imprisonment in default per count; total £10,000 or 20 weeks' imprisonment in default; 6 months to pay.