AG -v- Barette [2016] JRC 170 (23 September 2016)

AG -v- Barette [2016] JRC 170 (23 September 2016)

Deliberate breach of planning law causing permanent loss of a site of special architectural and historic interest justifies a substantial fine exceeding the Crown's request to mark the gravity and deter similar conduct.

Citation
[2016] JRC 170
Parties
Defendant: Unknown Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
23 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Defendant fined £50,000 on Count 1, no separate penalty on Count 2, ordered to pay £2,000 costs.
Legal Topics
Breach of Planning Law, Site of Architectural and Historic Interest, Sentencing, Deterrence
Criminal Law Planning Law Breach of Planning Law Site of Architectural and Historic Interest Sentencing Deterrence

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Parties

Unknown Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 deliberate breach of planning law
  2. 2 loss of architectural and historic resource
  3. 3 appropriate level of fine

Ratio Decidendi

Deliberate breach of planning law causing permanent loss of a site of special architectural and historic interest justifies a substantial fine exceeding the Crown's request to mark the gravity and deter similar conduct.

Court Disposition

Defendant fined £50,000 on Count 1, no separate penalty on Count 2, ordered to pay £2,000 costs.

Orders

  • Fine of £50,000 to be paid within two weeks on Count 1.
  • No separate penalty on Count 2.