AG v Hacquoil and Cook Ltd [2023] JRC 062 (21 April 2023)

AG v Hacquoil and Cook Ltd [2023] JRC 062 (21 April 2023)

The defendant company failed to provide adequate training and supervision for lifting operations, exposing both its employee and the public to a risk of serious harm, warranting a substantial fine to reflect the seriousness of the breach and the company's financial means.

Citation
[2023] JRC 062
Parties
Defendant: GMK Construction Limited; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
21 April 2023
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Conviction on guilty plea; fines imposed
Legal Topics
Employer Liability, Workplace Safety, Corporate Criminal Liability, Sentencing Principles
Criminal Law Health and Safety Law Employer Liability Workplace Safety Corporate Criminal Liability Sentencing Principles

Case Brief

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Parties

GMK Construction Limited

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the defendant company failed to ensure a safe system of work for lifting granite slabs
  2. 2 Whether the defendant failed to provide adequate training and supervision to its employee
  3. 3 Whether the defendant exposed members of the public to risk of harm

Ratio Decidendi

The defendant company failed to provide adequate training and supervision for lifting operations, exposing both its employee and the public to a risk of serious harm, warranting a substantial fine to reflect the seriousness of the breach and the company's financial means.

Court Disposition

Conviction on guilty plea; fines imposed

Orders

  • Fine of £20,000 on Charge 1 (employee risk)
  • Fine of £12,500 on Charge 2 (public risk)