AG -v- R&M and SFS [2011] JRC 139 (15 July 2011)

AG -v- R&M and SFS [2011] JRC 139 (15 July 2011)

Both companies breached statutory duties by failing to adequately plan, manage, and control works, resulting in risk and injury. Fines imposed reflect seriousness of the offence and legislative policy.

Citation
[2011] JRC 139
Parties
Defendant: SFS Fire Services Limited trading as Hall & Kay Fire Engineering; Defendant: R & M Sprinkler Installations Limited; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
15 July 2011
Procedural Posture
Criminal / Judgment
Outcome
conviction and fines imposed
Legal Topics
Employer Duties, Workplace Safety, Risk Assessment, Safe System of Work
Health and Safety Criminal Law Employer Duties Workplace Safety Risk Assessment Safe System of Work

Case Brief

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Parties

SFS Fire Services Limited trading as Hall & Kay Fire Engineering

Defendant

R & M Sprinkler Installations Limited

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Did the defendants breach their statutory duties under the Health and Safety at Work (Jersey) Law 1989 by failing to ensure safety of employees and non-employees?
  2. 2 Were adequate steps taken to plan, manage, and control the works to prevent risk of injury?

Ratio Decidendi

Both companies breached statutory duties by failing to adequately plan, manage, and control works, resulting in risk and injury. Fines imposed reflect seriousness of the offence and legislative policy.

Court Disposition

conviction and fines imposed

Orders

  • Fine of £10,000 imposed on SFS Fire Services Limited trading as Hall & Kay Fire Engineering.
  • Fine of £10,000 imposed on R & M Sprinkler Installations Limited.