AG v Burnel and Sylla [2017] JRC 017 (20 January 2017)

AG v Burnel and Sylla [2017] JRC 017 (20 January 2017)

The Court imposed cumulative fines as requested by the Crown, finding no justification for reduction based on overlap of harm or location within the 12-mile limit, and rejected financial mitigation due to lack of credible evidence. Both owner and master were treated similarly for sentencing.

Citation
[2017] JRC 017
Parties
Defendant: Mr Burnell; Defendant: Mr Sylla; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
20 January 2017
Procedural Posture
Criminal / Sentencing
Outcome
fines imposed as requested by Crown, with costs and payment schedule
Legal Topics
Sea Fisheries, Licensing, Environmental Protection, Regulatory Offences
Environmental Law Criminal Law Sea Fisheries Licensing Environmental Protection Regulatory Offences

Case Brief

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Parties

Mr Burnell

Defendant

Mr Sylla

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 whether offences under multiple sea fisheries regulations warrant cumulative penalties
  2. 2 whether offences committed within 12-mile limit are less serious than within 3-mile limit
  3. 3 whether distinction should be made between owner and master of vessel for sentencing

Ratio Decidendi

The Court imposed cumulative fines as requested by the Crown, finding no justification for reduction based on overlap of harm or location within the 12-mile limit, and rejected financial mitigation due to lack of credible evidence. Both owner and master were treated similarly for sentencing.

Court Disposition

fines imposed as requested by Crown, with costs and payment schedule

Orders

  • Mr Burnell fined £40,000
  • Mr Sylla fined £37,500