AG v Bracken-Smith [2007] JRC 192 (05 October 2007)

The defendant, through negligence, breached the Housing (Jersey) Law by letting property to unqualified persons, resulting in illicit profit, warranting a substantial fine to punish and deter non-compliance.

Citation: [2007] JRC 192
Parties: Defendant: The Defendant; Prosecution: Attorney General
Jurisdiction: Jersey
Judgment Date: 05 October 2007
Procedural Posture: Criminal / Sentencing
Outcome: conviction and fine
Legal Topics: Breach of Housing Consent, Letting to Unqualified Persons, Sentencing for Regulatory Offences

Housing Law Criminal Law Breach of Housing Consent Letting to Unqualified Persons Sentencing for Regulatory Offences

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

The Defendant

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant breached the Housing (Jersey) Law 1949 by letting property to unqualified persons
2 Whether the defendant acted deliberately or negligently
3 Appropriate penalty for breach of housing regulations

Ratio Decidendi

Court Disposition

conviction and fine

Orders

Fine of £5,000 on charge 1 or 2 months' imprisonment in default
Fine of £5,000 on each of counts 2, 3, 4, and 5 or 2 months' imprisonment per count, consecutive, in default