Jersey Unreported Judgments

2001/26

3 pages

ROYAL COURT

(Samedi Division)

 

26^th January, 2001

 

Before:    Sir Philip Bailhache, Bailiff and

                                                      Jurats Le Ruez and  Le Breton.

 

 

The Attorney General

 

-v-

 

José de Sousa Ribeiro

 

1 count of contravening Article 2 (1) of the Lodging Houses (Registration) (Jersey) Law 1962, as amended , by keeping an unregistered lodging house.

 

Age: Unknown

 

Plea:   Facts admitted.

 

Details of Offence:

 

Had two more than prescribed number of lodgers; had not realised that children counted towards total.

 

Details of Mitigation:

 

No illicit profit; not a case in which law was cynically broken.

 

Conclusions:               £750 fine; £250 costs.

 

Sentence & Observations of Court: 

 

£500 fine; £125 costs, to be paid off at £20 per week, or 1 months' imprisonment in default of payment

 

 

                                              Advocate S.E. Fitz, Crown Advocate

                                         Advocate D.C. Sowden for the Defendant.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.    It is the duty of every property owner not only to comply with the law but to take steps - and by that we mean proper steps - to find out what the law is.   We accept that this defendant did not intentionally break the law and that he genuinely believed that the children were not included in the maximum number of five lodgers which he was permitted to take without registering his premises under the Lodging Houses (Registration) (Jersey) Law 1962.   Nonetheless, at the end of the day, he has broken the law and we must punish him for that breach of the law.

 

2.    We take into account, however, that he was extremely co-operative and that, as we have said, there was no deliberate intention to break the law.   Having taken account of the mitigation which we have heard from Counsel we are going to moderate slightly the conclusions of the Crown Advocate.

 

3.    Mr. Ribeiro, will you stand up, please.   The Court is going to fine you for this breach of the Lodging Houses Law the sum of £500, or in default of payment 1 month's imprisonment, and we order you to pay £125 towards the cost of the prosecution.   The fine and the costs will be paid at the rate of £20 per week.

Authorities

 

A.G. -v- MacKenzie (19^th November, 1990) Jersey Unreported.

 

A.G. -v- Brito (1^st February, 2000) Jersey Unreported..