AG -v- Jersey Gas Company Limited [2014] JRC 209A (31 October 2014)

AG -v- Jersey Gas Company Limited [2014] JRC 209A (31 October 2014)

Jersey Gas's failure to implement adequate safety procedures in a known hazardous environment justified a substantial fine, despite mitigation, to reflect the seriousness of the offence and deter future breaches.

Citation
[2014] JRC 209A
Parties
Defendant: Jersey Gas; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
31 October 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Workplace Safety, Corporate Liability, Sentencing, Public Safety
Criminal Law Health and Safety Law Workplace Safety Corporate Liability Sentencing Public Safety

Case Brief

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Parties

Jersey Gas

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Jersey Gas failed to implement sufficient safety procedures resulting in a fire at its premises
  2. 2 Appropriate level of fine and costs for health and safety breaches

Ratio Decidendi

Jersey Gas's failure to implement adequate safety procedures in a known hazardous environment justified a substantial fine, despite mitigation, to reflect the seriousness of the offence and deter future breaches.

Court Disposition

convicted and fined

Orders

  • Fine of £65,000 split between three charges as per Crown's recommendation
  • Order to pay total costs of £11,122.50 within two weeks by bank transfer