Jersey Unreported Judgments

2000/177

2 pages

ROYAL COURT

(Samedi Division)

8^th September, 2000

Before:  Sir Philip Bailhache, Bailiff, and

Jurats Myles and Allo

The Attorney General

-v-

Nicholas Ahier

1 count of:   contravening Article 14(1)(a) of the Housing (Jersey) Law, 1949, as amended, by failing to comply with a condition attaching to a Housing Committee consent to the purchase of a property which stipulated that any further accommodation units on the property should only be occupied by persons categorized in Regulation 1(a)-(h) of the Housing (General Provisions) (Jersey) Regulations, 1970, as amended.

Plea:   Facts admitted.

Details of Offence:

Purchased property with condition that any further unit of accommodation created should be occupied by persons qualified under  1(i) (a-h).   Self contained flat occupied by unqualified family.

Details of Mitigation:

No illicit profit.

Genuine error.

Conclusions:   £1,000 fine or two months' imprisonment in default of payment; £500 costs.

Sentence and Observations of the Court:  Conclusions granted; two weeks to pay.

Court accepted it was genuine mistake, but reiterated duty to understand the law.

Advocate S.E. Fitz, Crown Advocate;

Advocate D.E. Le Cornu for the defendant.

JUDGMENT

THE BAILIFF:

1.            The Court is going to grant the conclusions.  We accept that the infraction of the law arose from a mistake on your part, but it is the duty of property owners to establish what the law is and then to comply with it.

2.            We are going to impose a fine of £1,000, or, in default of payment, two months' imprisonment.  You will also pay the cost of the prosecution up to £500.  You will be granted two weeks in which to pay.

Authorities

AG -v- Muren and Peters (16^th August, 2000) Jersey Unreported.