AG v Beaufort Hotel [2000] JRC 216 (03 November 2000)

The company failed to take proper steps to safeguard visitors from a known hazard over a significant period, warranting a substantial fine to reflect the seriousness of the breach.

Citation: [2000] JRC 216
Parties: Prosecutor: Attorney General; Defendant: Unnamed Company
Jurisdiction: Jersey
Judgment Date: 03 November 2000
Procedural Posture: Criminal / Sentencing
Outcome: convicted and fined
Legal Topics: Employer Liability, Duty of Care, Mitigation, Sentencing Policy

Health and Safety Criminal Law Employer Liability Duty of Care Mitigation Sentencing Policy

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 10 Party arguments 2 Amounts and remedies 2

Parties

Attorney General

Prosecutor

Unnamed Company

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 appropriate level of fines for health and safety breaches
2 assessment of mitigation in sentencing

Ratio Decidendi

The company failed to take proper steps to safeguard visitors from a known hazard over a significant period, warranting a substantial fine to reflect the seriousness of the breach.

Court Disposition

convicted and fined

Orders

The company is fined £5,000.
The company is ordered to pay costs of £2,500.