1999/146 - AG v Richard [1999] UR 146 (27 August 1999)

The defendant is guilty of unauthorised use of property in breach of planning law, but financial penalties are reduced due to personal and financial circumstances.

Citation: [1999] UR 146
Parties: Defendant: Mr Richard; Prosecution: The Crown
Jurisdiction: Jersey
Judgment Date: 27 August 1999
Procedural Posture: Criminal / Sentencing
Outcome: convicted and fined
Legal Topics: Unauthorised Use of Property, Planning Permission, Sentencing, Financial Penalty

Planning Law Criminal Law Unauthorised Use of Property Planning Permission Sentencing Financial Penalty

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Parties

Mr Richard

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant breached planning law by converting a garage to dwelling accommodation without authorisation
2 Appropriateness of financial penalties given the defendant's personal circumstances

Ratio Decidendi

The defendant is guilty of unauthorised use of property in breach of planning law, but financial penalties are reduced due to personal and financial circumstances.

Court Disposition

convicted and fined

Orders

Fine of £375 or 3 weeks imprisonment in default on count 1
Fine of £500 or 4 weeks imprisonment in default on count 2