AG v Sowney [2002] JRC 103 (24 May 2002)

The defendant breached his obligations under the Social Security Law, 1974, over a long period, and although mitigating circumstances exist, fines and costs must be imposed.

Citation: [2002] JRC 103
Parties: Defendant: Mr Sowney; Prosecutor: Crown
Jurisdiction: Jersey
Judgment Date: 24 May 2002
Procedural Posture: Criminal / Judgment
Outcome: conviction and fines imposed
Legal Topics: Breach of Social Security Obligations, Classification of Contractors, Mitigation, Fines

Social Security Criminal Law Breach of Social Security Obligations Classification of Contractors Mitigation Fines

Case Brief

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Parties

Mr Sowney

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the defendant breached obligations under the Social Security Law, 1974
2 Appropriate penalty for breach
3 Mitigation based on cooperation and financial difficulties

Ratio Decidendi

The defendant breached his obligations under the Social Security Law, 1974, over a long period, and although mitigating circumstances exist, fines and costs must be imposed.

Court Disposition

conviction and fines imposed

Orders

Fine of £100 for each count under Article 6(1), totaling £5,400
Costs of £1,000 to be paid by defendant