AG v Ozouf [2001] JRC 225A (09 November 2001)

AG v Ozouf [2001] JRC 225A (09 November 2001)

The defendant is fined £200 for causing water pollution, taking into account the accidental nature of the infraction, the fact that it is the first prosecution under the law, and the need to enforce the statutory duty to prevent pollution.

Citation
[2001] JRC 225A
Parties
Defendant: Mr. Ozouf; Prosecutor: Solicitor General
Jurisdiction
Jersey
Judgment Date
09 November 2001
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Water Pollution, Jurisdiction, Sentencing
Criminal Law Environmental Law Water Pollution Jurisdiction Sentencing

Case Brief

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Parties

Mr. Ozouf

Defendant

Solicitor General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the prosecution was properly brought before this Court
  2. 2 Whether the senior Centenier can prosecute in place of the Connétable
  3. 3 Appropriate sentence for pollution under the Water Pollution (Jersey) Law 2000

Ratio Decidendi

The defendant is fined £200 for causing water pollution, taking into account the accidental nature of the infraction, the fact that it is the first prosecution under the law, and the need to enforce the statutory duty to prevent pollution.

Court Disposition

conviction and fine

Orders

  • The defendant is fined £200 or, in default of payment, one month's imprisonment.