ROYAL COURT
(Samedi Division)
4 December 1998
Before: F C Hamon Esq., Deputy Bailiff, and
Jurats Myles and Rumfitt
AG
-v-
Daryl James Davies, trading as D J Davies
Roofing Contractors
1 count of contravening Article 36(1) of the Social Security (Jersey) Law, 1974, by failing, as an employer, to pay Social Security Contributions within prescribed time in respect of his employees during Contribution Quarter "C" of 1998.
Age:34
Plea:Facts admitted
Details of Offence:
Davies failed to pay contributions for the "C" quarter of 1998 within the required fifteen days after the end of the contribution quarter. He paid the outstanding contributions the day before his court appearance. However, he had been prosecuted on two previous occasions and contributions for two previous quarters were still outstanding in part.
Details of Mitigation:
The Defendant, who represented himself, explained that he was having difficulty paying bills but accepted that these contributions should have been paid.
Conclusions: £500 fine; £150 costs.
Sentence and Observations of the Court:
No fine; £50 costs. The Court took the unusual step of making no order by way of penalty save for a £50 contribution towards the prosecution costs. Instead, it obtained the Defendants assurance that he would liaise with the Probation Service and seek assistance from the Citizens Advice Bureau with management of his limited finances.
A R Binnington, Esq., Crown Advocate
The accused on his own behalf
JUDGMENT
THE DEPUTY BAILIFF: Mr Davies, the Court wishes to say this to you: the fine which has been asked for we believe is fully justified and I am sure you accept that. We cannot, however, compound your problems. You have appeared on your own behalf and told us that you have ongoing Income Tax debts and two Social Security debts which are still outstanding. You have told us a little about your family background, that you have a small child of 2½ and another one on the way and that you are living in rented accommodation for £100 per week.
I must tell you that failing to pay your Social Security contributions is not a weakness; it is regarded as a crime. There are two reasons for that: you are taking your employees money which you have withheld from them, for your own purposes and with such dangerous work as a roofing contractor the consequences for those employees could be extremely serious, because, if something happens to them, they do not get the benefit of Social Security. However, we are going to take the unusual step of not fining you anything at all, apart from the £50 prosecution costs. This is on the condition that you talk to the Probation Officer in the Court when you leave and request his assistance, and that you go and see Mr Le Gresley of the Citizens Advice Bureau, because we consider that you need help to sort out your financial affairs. We have to inform you that this is your last chance and we will not be so lenient with you in the future, should you appear before us again.
No Authorities