2000/102
3 pages
ROYAL COURT (Superior Number)
(exercising the appellate jurisdiction conferred upon it by Article 22 of the Court of Appeal (Jersey) Law, 1961).
12th June, 2000.
Before Sir Peter Crill ,K.B.E., and Jurats Myles, Potter,
Quérée, Tibbo, Le Breton, Georgelin.
Anne Elizabeth Troalic (née Robinson)
-v-
The Attorney General
Appeal against a total fine of £8,500 or 6 months' and 2 weeks' imprisonment in default of payment, with £1,500 costs, imposed by the Inferior Number of the Royal Court on 23rd February, 2000, following a change of plea on that day and an admission of the facts on:
3 counts of: contravening Article 14(1)(a) of the Housing (Jersey) Law, 1949, as amended by failing to comply with condition attaching to a Housing Committee consent that property should not be let unfurnished to or be occupied by any persons other than those approved by the Committee as falling into categories (a)-(h) of Regulation (1)(1) of the Housing (General Provisions) (Jersey) Regulations 1970 (counts 1-3), on each of which counts a fine of £2,700 or 2 months' imprisonment, consecutive, in default of payment, was imposed; and
2 counts of: contravening Article 7(1) of the Housing (Jersey) Law, 1949, as amended, by leasing property without previous Housing Committee consent (counts 4, 5) ), on both of which counts a fine of £200 or 1 week's imprisonment, consecutive, in default of payment, was imposed.
Leave to appeal was granted by the Deputy Bailiff on 31st March, 2000.
Advocate F.J. Benest for the Appellant.
Mrs. S. Sharpe, Crown Advocate.
JUDGMENT
THE COMMISSIONER:
1. This is an appeal against a sentence passed by the Royal Court on 23rd February, 2000, imposing a fine of £2,700 or 2 months' imprisonment consecutive, in default of payment, in respect of each of 3 counts relating to an infraction of Article 14(1)(a) of the Housing (Jersey) Law, 1949, as amended (counts 1-3). Two other counts (counts 4 & 5) relating to infractions of Article 7(1) of the Housing (Jersey) Law, 1949, on which the appellant was fined £200 or 1 week's imprisonment in default in respect of each count, are not appealed. Today's appeal, therefore, relates solely to counts 1, 2 and 3.
2. The issue before us is whether, in sentencing for a housing infraction of this sort, where mens rea is not in issue this Court should, in effect, over-rule the Inferior Number and say that the sentencing Court - in addition to removing from the appellant the illicit profit made from the transaction - should also have imposed a penalty to signify the disapproval of the Court of persons who break the Housing Law in the way the defendant did. We have decided, however, that that would be the wrong approach for an appellate Court.
3. We first had to ask ourselves what was the proper figure for the illicit profit made by the defendant during the relevant period, i.e. the period to which the charges relate.
4. Rather than the figures for the illicit profit which the Crown put before the Inferior Number - at very short notice we would add, because the defendant changed her plea from not guilty to guilty, which meant that the case had to come on quickly resulting in difficulties for both counsel - we think the proper total figure is £5,500. In reaching this figure, we do not think that we should take into account deductions for outgoings made outside the relevant period but that we should take into account proper deductions - as shown in an affidavit sworn by the appellant - during the relevant period. Accordingly, we allow the appeal and substitute the figure of £1,700 in respect of count 1, or 2 months' imprisonment in default of payment; £1,700 in respect of count 2, or 2 months' imprisonment, consecutive, in default of payment; and £,1700 in respect of count 3, or 2 months' imprisonment, consecutive, in default of payment. Counts 4 and 5 will remain as before, making a total of £5,500.
5. Because the appellant has succeeded to this extent she shall have the costs of and incidental to this appeal.
Authorities
A.G. -v- Phillips (4th May, 1990) Jersey Unreported.
A.G. -v- Pennymore Investments (18th October, 1985) Jersey Unreported.