AG v Grandmougin and Ferrantin [2002] JRC 81 (19 April 2002)

AG v Grandmougin and Ferrantin [2002] JRC 81 (19 April 2002)

The accused breached regulations by catching undersized spider crabs and exceeding by-catch limits. However, due to lack of awareness of recent legislative changes and cooperation, fines were imposed at a reduced level for the by-catch charge, but the court emphasized that future breaches would attract higher penalties.

Citation
[2002] JRC 81
Parties
Accused/master: Mr Grandmougin; Accused/owner: Mr Ferrantim
Jurisdiction
Jersey
Judgment Date
19 April 2002
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fines imposed
Legal Topics
Fishing Regulations, By Catch Limits, Undersized Catch, Sentencing, EU Law Compliance
Fisheries Law Criminal Law Fishing Regulations By Catch Limits Undersized Catch Sentencing EU Law Compliance

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Parties

Mr Grandmougin

Accused/master

Mr Ferrantim

Accused/owner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused breached regulations by catching undersized spider crabs
  2. 2 Whether the accused breached by-catch limits for scallop dredging
  3. 3 Appropriate level of fines for breaches of fishing conservation regulations

Ratio Decidendi

The accused breached regulations by catching undersized spider crabs and exceeding by-catch limits. However, due to lack of awareness of recent legislative changes and cooperation, fines were imposed at a reduced level for the by-catch charge, but the court emphasized that future breaches would attract higher penalties.

Court Disposition

conviction and fines imposed

Orders

  • Mr Grandmougin fined £1,000 or 2 months' imprisonment in default on count 1
  • Mr Grandmougin fined £250 or 2 weeks' imprisonment in default on count 2, consecutive