AG v Corbel and Anor [2001] JRC 28 (02 February 2001)

AG v Corbel and Anor [2001] JRC 28 (02 February 2001)

Letting to unqualified persons over an extended period constitutes an aggravating breach of the Housing Law, warranting a substantial fine; separate charges and billets for joint owners arising from the same facts are oppressive and incorrect.

Citation
[2001] JRC 28
Parties
Defendant: Mr Corbel; Defendant: Mrs Corbel; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
02 February 2001
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Letting to Unqualified Persons, Breach of Housing Consent Conditions
Housing Law Criminal Law Letting to Unqualified Persons Breach of Housing Consent Conditions

Case Brief

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Parties

Mr Corbel

Defendant

Mrs Corbel

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the defendants breached Article 7(1) by letting to non-qualified persons
  2. 2 Whether the defendants breached Article 14(1) by failing to comply with a condition in the consent
  3. 3 Appropriateness of charging separately for same facts

Ratio Decidendi

Letting to unqualified persons over an extended period constitutes an aggravating breach of the Housing Law, warranting a substantial fine; separate charges and billets for joint owners arising from the same facts are oppressive and incorrect.

Court Disposition

conviction

Orders

  • Fine of £2,250 on count 1 of each billet for each defendant
  • No penalty on count 2 of each billet