AG v GMK Construction Limited 16-Apr-21 [2021] JRC 114 (16 April 2021)

AG v GMK Construction Limited 16-Apr-21 [2021] JRC 114 (16 April 2021)

GMK Construction Limited failed to comply with Health and Safety guidelines and advice from JEC, exposing persons to danger of electrocution, warranting a substantial fine adjusted for the company's means.

Citation
[2021] JRC 114
Parties
Defendant: GMK Construction Limited; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
16 April 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Exposure to Danger of Electrocution, Failure to Comply With Safety Guidelines, Corporate Liability, Sentencing Principles
Health and Safety Criminal Law Exposure to Danger of Electrocution Failure to Comply With Safety Guidelines Corporate Liability Sentencing Principles

Case Brief

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Parties

GMK Construction Limited

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Did the company expose persons to danger of electrocution?
  2. 2 Did the company fail to comply with Health and Safety guidelines and advice from JEC?
  3. 3 What is the appropriate penalty considering the company's means?

Ratio Decidendi

GMK Construction Limited failed to comply with Health and Safety guidelines and advice from JEC, exposing persons to danger of electrocution, warranting a substantial fine adjusted for the company's means.

Court Disposition

conviction and sentencing

Orders

  • Fine of £30,000 payable at £2,000 per month
  • Prosecution costs of £5,000 payable after fine at £2,000 per month