AG v Troalic [2000] JRC 33A (23 February 2000)

AG v Troalic [2000] JRC 33A (23 February 2000)

The defendant's grossly negligent failure to ascertain her obligations under the Housing Law, resulting in illicit profit from letting to unqualified persons, warrants removal of the profit and imposition of fines, regardless of any alleged advice received.

Citation
[2000] JRC 33A
Parties
Defendant: Mrs. Troalic; Lessor: Farley Properties Limited
Jurisdiction
Jersey
Judgment Date
23 February 2000
Procedural Posture
Criminal / Sentencing
Outcome
defendant convicted and fined
Legal Topics
Letting to Unqualified Persons, Failure to Notify Housing Department, Illicit Profit, Gross Negligence
Housing Law Criminal Law Letting to Unqualified Persons Failure to Notify Housing Department Illicit Profit Gross Negligence

Case Brief

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Parties

Mrs. Troalic

Defendant

Farley Properties Limited

Lessor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant breached conditions of the Housing Law by letting to unqualified persons
  2. 2 Whether the defendant failed to notify the Department of transactions with qualified tenants
  3. 3 Whether the defendant's reliance on alleged advice from a Housing Department official mitigates liability

Ratio Decidendi

The defendant's grossly negligent failure to ascertain her obligations under the Housing Law, resulting in illicit profit from letting to unqualified persons, warrants removal of the profit and imposition of fines, regardless of any alleged advice received.

Court Disposition

defendant convicted and fined

Orders

  • Fine of £2,700 or 2 months' imprisonment in default on count 1
  • Fine of £2,700 or 2 months' imprisonment in default on count 2, consecutive