Kanetech Limited -v- AG [2015] JRC 065 (30 March 2015)

Kanetech Limited -v- AG [2015] JRC 065 (30 March 2015)

The appeal against conviction is dismissed because Kanetech Limited undertook prescribed building work (installation of heating boilers) without obtaining building permission as required by Article 33(1) of the Planning and Building (Jersey) Law. The statutory language imposes strict liability on any person undertaking such work, including contractors. The prosecution decision did not constitute an abuse of process, and procedural defects alleged did not compromise the fairness of the trial. The evidence was sufficient to prove the offences.

Citation
[2015] JRC 065
Parties
Appellant: Kanetech Limited; Respondent: Attorney General; Amicus: Advocate Cadin
Jurisdiction
Jersey
Judgment Date
30 March 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Abuse of Process, Statutory Interpretation, Building Regulations, Strict Liability Offences
Criminal Law Administrative Law Construction Law Abuse of Process Statutory Interpretation Building Regulations Strict Liability Offences

Case Brief

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Parties

Kanetech Limited

Appellant

Attorney General

Respondent

Advocate Cadin

Amicus

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether prosecution of Kanetech Limited constituted an abuse of process
  2. 2 Whether Kanetech Limited could be convicted under Article 33(1) of the Planning and Building (Jersey) Law for undertaking prescribed building work without permission
  3. 3 Whether procedural defects or errors of law occurred in the Magistrate's Court

Ratio Decidendi

The appeal against conviction is dismissed because Kanetech Limited undertook prescribed building work (installation of heating boilers) without obtaining building permission as required by Article 33(1) of the Planning and Building (Jersey) Law. The statutory language imposes strict liability on any person undertaking such work, including contractors. The prosecution decision did not constitute an abuse of process, and procedural defects alleged did not compromise the fairness of the trial. The evidence was sufficient to prove the offences.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed

Orders

  • fines and costs order quashed
  • absolute discharge substituted on each count