AG v FW Woolworth and AC Mauger [2000] JRC 99 (07 June 2000)

AG v FW Woolworth and AC Mauger [2000] JRC 99 (07 June 2000)

The defendants breached the statutory requirement by carrying out building works without a permit, but the departmental failure to instruct cessation of works and ongoing engagement mitigated the penalty imposed.

Citation
[2000] JRC 99
Parties
Defendant: F. W. Woolworth & Co (Jersey) Ltd; Defendant: A. C. Mauger & Son (Sunwin) Ltd; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
07 June 2000
Procedural Posture
Criminal Prosecution / Judgment
Outcome
conviction and fines imposed
Legal Topics
Building Without Permit, Planning Permission, Building Regulations, Statutory Compliance
Planning Law Public Health Law Criminal Law Building Without Permit Planning Permission Building Regulations Statutory Compliance

Case Brief

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Parties

F. W. Woolworth & Co (Jersey) Ltd

Defendant

A. C. Mauger & Son (Sunwin) Ltd

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

  1. 1 Whether the defendants unlawfully commenced and carried out building works without a building permit under the Public Health (Control of Buildings) (Jersey) Law, 1956
  2. 2 Whether departmental conduct mitigated the seriousness of the breach

Ratio Decidendi

The defendants breached the statutory requirement by carrying out building works without a permit, but the departmental failure to instruct cessation of works and ongoing engagement mitigated the penalty imposed.

Court Disposition

conviction and fines imposed

Orders

  • Each defendant fined £2,500.
  • Woolworths to pay costs of £750.