1998/42 - AG v Groult [1998] UR 42 (27 February 1998)

1998/42 - AG v Groult [1998] UR 42 (27 February 1998)

The fine was reduced due to mitigating circumstances including cooperation, financial hardship, and intent to assist another vessel, but a deterrent penalty was still imposed to uphold the integrity of territorial fishing laws.

Citation
[1998] UR 42
Parties
Accused: Monsieur Groult
Jurisdiction
Jersey
Judgment Date
27 February 1998
Procedural Posture
Criminal / Sentencing
Outcome
fine imposed with reduction for mitigation
Legal Topics
Illegal Fishing, Territorial Waters, Sentencing, Mitigation
Criminal Law Fisheries Law Illegal Fishing Territorial Waters Sentencing Mitigation

Case Brief

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Parties

Monsieur Groult

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate penalty for illegal fishing in territorial waters
  2. 2 mitigating factors in sentencing

Ratio Decidendi

The fine was reduced due to mitigating circumstances including cooperation, financial hardship, and intent to assist another vessel, but a deterrent penalty was still imposed to uphold the integrity of territorial fishing laws.

Court Disposition

fine imposed with reduction for mitigation

Orders

  • Fine of £1,000 on count 1
  • Fine of £200 on count 2