AG V Farley [2000] JRC 70 (14 April 2000)

AG V Farley [2000] JRC 70 (14 April 2000)

The Company breached its duty under the Health and Safety at Work (Jersey) Law, 1989 by authorizing unsafe excavation near live gas mains, shortly after a similar prior incident and despite clear procedures. The seriousness of the risk and the Company's responsibility warranted a substantial fine to reinforce the importance of compliance.

Citation
[2000] JRC 70
Parties
Defendant: The Company; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
14 April 2000
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fine imposed
Legal Topics
Employer Liability, Breach of Statutory Duty, Sentencing Principles, Workplace Safety
Health and Safety Criminal Law Employer Liability Breach of Statutory Duty Sentencing Principles Workplace Safety

Case Brief

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Parties

The Company

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate fine for breach of Health and Safety at Work (Jersey) Law, 1989?
  2. 2 What aggravating and mitigating factors apply in sentencing for health and safety breaches?

Ratio Decidendi

The Company breached its duty under the Health and Safety at Work (Jersey) Law, 1989 by authorizing unsafe excavation near live gas mains, shortly after a similar prior incident and despite clear procedures. The seriousness of the risk and the Company's responsibility warranted a substantial fine to reinforce the importance of compliance.

Court Disposition

Conviction and fine imposed

Orders

  • Fine of £25,000 imposed on the Company
  • Costs of £2,500 awarded