AG v ROK Homes Limited [2022] JRC 249 (11 November 2022)

AG v ROK Homes Limited [2022] JRC 249 (11 November 2022)

A cable must be live to constitute an 'existing electrical service' under Regulation 21; the prosecution must prove the cable was live for a conviction. Duties under Regulation 21(1) apply before commencement of the relevant item of construction work, not necessarily the whole project.

Citation
[2022] JRC 249
Parties
Defendant: ROK Homes Limited; Contracting Party: Andium Homes; Third Party: Jersey Electricity Company; Sub Contractor: Geomarine; Prosecutor: Crown Advocate Thomas
Jurisdiction
Jersey
Judgment Date
11 November 2022
Procedural Posture
Criminal Prosecution / Trial Ruling
Outcome
Ruling on legal interpretation; directions given to Jurats.
Legal Topics
Interpretation of 'existing Services', Duties Before Commencement of Construction Work, Risk Assessment, Regulatory Compliance
Health and Safety Construction Law Criminal Law Interpretation of 'existing Services' Duties Before Commencement of Construction Work Risk Assessment Regulatory Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

ROK Homes Limited

Defendant

Andium Homes

Contracting Party

Jersey Electricity Company

Third Party

Geomarine

Sub Contractor

Crown Advocate Thomas

Prosecutor

Procedural Posture

Criminal Prosecution / Trial Ruling

Legal Issues

  1. 1 Meaning of 'existing services' under Regulation 21 of the Health and Safety (Management in Construction) (Jersey) Regulations 2016
  2. 2 Whether a cable must be live to constitute an 'existing electrical service'
  3. 3 Timing of duties under Regulation 21(1) relative to commencement of construction work

Ratio Decidendi

A cable must be live to constitute an 'existing electrical service' under Regulation 21; the prosecution must prove the cable was live for a conviction. Duties under Regulation 21(1) apply before commencement of the relevant item of construction work, not necessarily the whole project.

Court Disposition

Ruling on legal interpretation; directions given to Jurats.

Orders

  • Jurats must be sure the cable was live to convict the Defendant.
  • Jurats to determine as a matter of fact when construction work began and whether breach occurred before commencement.