AG v Sonnic Limited and Mendonca [2019] JRC 120 (28 June 2019)

AG v Sonnic Limited and Mendonca [2019] JRC 120 (28 June 2019)

Both the company and Mr Mendonca failed to provide a safe system of work, fell substantially short of the required standard, and were culpable for a serious breach of health and safety law, warranting financial penalties.

Citation
[2019] JRC 120
Parties
Prosecutor: Attorney General; Defendant: Sonnic Limited; Defendant: Mr Nelio Mendonca
Jurisdiction
Jersey
Judgment Date
28 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fines imposed
Legal Topics
Workplace Safety, Employer Liability, Sentencing
Criminal Law Health and Safety Law Workplace Safety Employer Liability Sentencing

Case Brief

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Parties

Attorney General

Prosecutor

Sonnic Limited

Defendant

Mr Nelio Mendonca

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Sonnic Limited and Mr Mendonca failed to provide a safe system of work for employees working at height
  2. 2 Appropriate sentence for breach of health and safety regulations

Ratio Decidendi

Both the company and Mr Mendonca failed to provide a safe system of work, fell substantially short of the required standard, and were culpable for a serious breach of health and safety law, warranting financial penalties.

Court Disposition

conviction and fines imposed

Orders

  • Sonnic Limited fined £40,000 payable in 2 months
  • Mr Mendonca fined £3,000 payable at £250 per month