Jersey Unreported Judgments

[2006]JRC055

ROYAL COURT

(Samedi Division)

7^th April 2006

The Attorney General

-v-

Antonio Vieira

Sentencing by the Inferior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25th January, 2006, following a guilty plea to the following charges:

Age:  55.

Plea: Admitted.

Details of Offence:

Vieira carried out unauthorised alterations to his property which effectively converted two outbuildings (previously used as storage) into bedrooms with bathroom facilities.  He also built an unauthorised wooden frame and roof over a patio area between the outbuildings so that it could be used as a 'lounge'.  He installed heating and furniture into the said 'lounge', and then rented the entire area, including an authorised one bedroom flat without the main property, to a family without residential qualifications.  The family's three children occupied the outbuildings.  Vieira received rent from the family totalling £12,250.00.  The market rental for the authorised one bedroom flat was only in the region of £4,900 over a similar period.  His illicit income from the rental of the other unauthorised areas was therefore in the region of £7,350.00

When confronted by Planning Enforcement Officers, he admitted the breach and re-housed the children within the main property pending the family making alternative arrangements.  He submitted retrospective planning applications which were granted but subject to the condition that the outbuildings were not used as dwelling accommodation.

Details of Mitigation:

Admitted infractions, re-housed children, previous good character.

Previous Convictions:

None relevant.

Conclusions:

Total:  £9,000 fine

6 months' imprisonment in default on each charge.

Sentence and Observations of Court:

2 months' imprisonment in default on each charge with 6 weeks to pay.   

Conclusions granted.  The Court had regard inter alia to the level of illicit income derived from the breaches.  Court also awarded £500.00 costs.

C. M. M. Yates, Esq., Crown Advocate.

Advocate A. J. Clarke for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Vieira, you made alterations to a. garage and storeroom so that together with your rear garden you could then use them for residential accommodation, and you did this without planning permission.  You then let your flat together with the changed premises for £250 a week which was £150 a week more than you would have got for the flat alone.  So you have made altogether an illicit profit of £7,350 and the Court has to take that into account.

2.        We have listened very carefully to what your Advocate said on your behalf and we in particular take note of the fact that you have no previous convictions, you have a good work record running your own business, and you have pleaded guilty and accepted your responsibility in this matter so all that stands to your credit, otherwise the fine would have been higher.  We think the Crown has taken all that into account and that the level of fine is correct.  We are going to impose total fines of £9,000 that is £3,000 on each count.  We are going to give you 6 weeks to pay, we think it is important that you have time to pay this and we order 2 months' imprisonment in default should you fail to pay.  We order you to pay £500 costs.

No Authorities