AG v Challenger [2001] JRC 99 (04 May 2001)

AG v Challenger [2001] JRC 99 (04 May 2001)

Fines imposed must not exceed statutory maximum; mitigation factors warrant reduction from maximum fines.

Citation
[2001] JRC 99
Parties
Defendant: Mr Challenger; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
04 May 2001
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fines imposed
Legal Topics
Residential Homes Compliance, Maximum Fines, Sentencing Guidelines

Case Brief

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Parties

Mr Challenger

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 failure to comply with safety requirements in residential homes
  2. 2 appropriate sentencing for breaches under the Residential Homes (General Provisions) (Jersey) Order, 1995

Ratio Decidendi

Fines imposed must not exceed statutory maximum; mitigation factors warrant reduction from maximum fines.

Court Disposition

conviction and fines imposed

Orders

  • Fine of £1,500 on first charge or three months imprisonment in default
  • Fine of £1,250 on second charge or two months imprisonment in default, consecutive