1999/39 - AG v Tittering and Ors [1999] UR 39 (24 February 1999)

1999/39 - AG v Tittering and Ors [1999] UR 39 (24 February 1999)

Mr McClafferty, though guilty of disposing of the catch and supporting a dishonest alibi, was a novice diver under instruction, had no criminal record, expressed remorse, and had limited means; thus, a heavy fine was inappropriate and a £200 fine was imposed.

Citation
[1999] UR 39
Parties
Defendant: Mr McClafferty; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
24 February 1999
Procedural Posture
Criminal / Sentencing
Outcome
conviction with fine
Legal Topics
Disposal of Catch, Obstruction of Investigation, Fisheries Offences
Criminal Law Fisheries Law Disposal of Catch Obstruction of Investigation Fisheries Offences

Case Brief

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Parties

Mr McClafferty

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Mr McClafferty was guilty of disposing of the catch to frustrate fisheries investigations
  2. 2 Appropriate penalty for a novice diver with no criminal record

Ratio Decidendi

Mr McClafferty, though guilty of disposing of the catch and supporting a dishonest alibi, was a novice diver under instruction, had no criminal record, expressed remorse, and had limited means; thus, a heavy fine was inappropriate and a £200 fine was imposed.

Court Disposition

conviction with fine

Orders

  • Fine of £200 imposed on Mr McClafferty
  • No order as to costs