AG -v- Raffray Ltd [2009] JRC 053 (24 March 2009)

AG -v- Raffray Ltd [2009] JRC 053 (24 March 2009)

The defendant's failure to conduct a risk assessment and use a new clamp constituted a breach of Health and Safety obligations, resulting in injury. Mitigating factors justified a reduced fine.

Citation
[2009] JRC 053
Parties
Defendant: Vanni (C. I.) Limited; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
24 March 2009
Procedural Posture
Health and Safety Prosecution / Judgment
Outcome
Fine imposed
Legal Topics
Workplace Injury, Risk Assessment, Corporate Liability
Health and Safety Criminal Law Workplace Injury Risk Assessment Corporate Liability

Case Brief

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Parties

Vanni (C. I.) Limited

Defendant

Crown

Prosecutor

Procedural Posture

Health and Safety Prosecution / Judgment

Legal Issues

  1. 1 failure to carry out risk assessment
  2. 2 defective weld causing injury
  3. 3 corporate responsibility for workplace safety

Ratio Decidendi

The defendant's failure to conduct a risk assessment and use a new clamp constituted a breach of Health and Safety obligations, resulting in injury. Mitigating factors justified a reduced fine.

Court Disposition

Fine imposed

Orders

  • Fine of £10,000
  • Costs of £2,500