AG -v- The Jersey Royal Company Limited [2012] JRC 208 (12 November 2012)
The company committed three offences by developing land without planning permission, and the aggravating factor was the repetition of the offence after prior warning. The court imposed fines as a deterrent, considering both the company's environmental record and its inadequate response to the authorities.
- Citation
- [2012] JRC 208
- Parties
- Defendant: The Jersey Royal Company Limited; Prosecutor: Attorney-General
- Jurisdiction
- Jersey
- Judgment Date
- 12 November 2012
- Procedural Posture
- Criminal / Sentencing Judgment
- Outcome
- conviction and fines imposed
- Legal Topics
- Unauthorised Development, Planning Permission, Environmental Protection, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
The Jersey Royal Company Limited
Defendant
Attorney-General
Prosecutor
Procedural Posture
Criminal / Sentencing Judgment
Legal Issues
- 1 Whether The Jersey Royal Company Limited developed land without planning permission in breach of the Planning and Building (Jersey) Law 2002
- 2 Appropriate sentence for unauthorised removal of banks and/or hedgerows
Ratio Decidendi
The company committed three offences by developing land without planning permission, and the aggravating factor was the repetition of the offence after prior warning. The court imposed fines as a deterrent, considering both the company's environmental record and its inadequate response to the authorities.
Court Disposition
conviction and fines imposed
Orders
- Fine of £3,000 on Count 1
- Fine of £4,000 on Count 2
Full Case Text
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