AG -v- Jardim-Buildrite [2008] JRC 183 (24 October 2008)

AG -v- Jardim-Buildrite [2008] JRC 183 (24 October 2008)

The defendant failed in his duty as an employer by exposing an employee to asbestos insulation board due to ignorance of the material's risk, and although precautions were taken, they were inadequate for the actual risk presented.

Citation
[2008] JRC 183
Parties
Defendant: Mr Jardim; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
24 October 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Asbestos Exposure, Employer Liability, Workplace Safety, Sentencing
Criminal Law Health and Safety Law Asbestos Exposure Employer Liability Workplace Safety Sentencing

Case Brief

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Parties

Mr Jardim

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant failed in his duty as an employer to protect employees from asbestos exposure
  2. 2 Appropriate penalty for exposing an employee to asbestos due to ignorance

Ratio Decidendi

The defendant failed in his duty as an employer by exposing an employee to asbestos insulation board due to ignorance of the material's risk, and although precautions were taken, they were inadequate for the actual risk presented.

Court Disposition

conviction and fine

Orders

  • Fine of £3,000 on each count, total £6,000
  • Costs reduced to £2,000 due to cooperation