AG v San Michele Guest House and Davies [2000] JRC 154 (28 July 2000)

AG v San Michele Guest House and Davies [2000] JRC 154 (28 July 2000)

The defendant and the company breached housing law by submitting a false exempted transaction form and permitting non-qualified occupancy, but mitigation including cooperation, rectification, financial loss, and delay justified reduction of the Crown's proposed penalties.

Citation
[2000] JRC 154
Parties
Defendant: Mr Davies; Defendant: San Michele Guest House (defendant company); Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
28 July 2000
Procedural Posture
Criminal / Sentencing Judgment
Outcome
fines imposed; order for costs; imprisonment in default of payment
Legal Topics
Illicit Profit, Housing Qualification, Sub Division of Property, False Representation
Housing Law Criminal Law Illicit Profit Housing Qualification Sub Division of Property False Representation

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Parties

Mr Davies

Defendant

San Michele Guest House (defendant company)

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant made illicit profit by breaching housing law
  2. 2 Whether the defendant knowingly submitted a false exempted transaction form
  3. 3 Whether mitigation factors justify reduction of penalty

Ratio Decidendi

The defendant and the company breached housing law by submitting a false exempted transaction form and permitting non-qualified occupancy, but mitigation including cooperation, rectification, financial loss, and delay justified reduction of the Crown's proposed penalties.

Court Disposition

fines imposed; order for costs; imprisonment in default of payment

Orders

  • Fine of £2,500 against the company (£1,750 on count 1, £750 on count 2)
  • Fine of £3,000 against Mr Davies (£2,000 on count 1, £1,000 on count 2)