Jersey Unreported Judgments

[2008]JRC037

ROYAL COURT

(Samedi Division)

7^th March 2008

The Attorney General

-v-

Marguerite Ann Chapman nee Godel

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Age:  61.

Plea: Guilty.

Details of Offence:

The defendant was the owner of a large town house comprising one bedroom ground floor flat ("the flat") and five single bed-sits.  It came to the attention of the Housing Department that while she then leased the flat to a succession of residentially qualified tenants, the defendant retained control of and received rent directly from unqualified lodgers that were occupying the bed-sits.  This was initially investigated in 2004, when the defendant was spoken to by the Housing Department and stated that she would remedy the situation.  No prosecution ensued at that time on the express understanding that she would thereafter adhere to the provisions of the Housing Law.

However, in May 2006 a new tenant moved into the flat, whilst two unqualified lodgers were known to be in occupation of two of the bed-sits.  Throughout the following period the defendant once again took responsibility for the lodgers and received rents directly from them.  This again came to the attention of the Housing Department which investigated.  As a result, the defendant asked the tenant to lie to the Housing Officer about her occupation of the property.  When the tenant refused, she was given notice to quit.  Thereafter, until January 2007, the lodgers remained in occupation under the control of the defendant even though she was not living at the premises, except for 4 weeks when the defendant's husband moved into the premises to regularise the situation.

During the 29 weeks during which the infractions occurred, the defendant received income from the lodgers totalling £4,060.

Details of Mitigation:

Guilty plea, some delay.

Previous Convictions:

Three previous convictions for 8 offences, including offences of deception.

Conclusions:

Total: £8,000 or 4 months' imprisonment in default.

Costs: £1,500.

Sentence and Observations of Court:

Conclusions granted.

3 months' to pay.

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

Advocate F. J. Benest for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was a knowing and deliberate breach of the Housing (Jersey) Law 1949.  You were told in 2004 that the property had to be left as a whole to a residentially qualified tenant who could in turn take in and collect the income from up to 5 lodgers.  Despite this you knowingly let the ground floor only to Miss Noel, you put in a misleading housing form and, very importantly, you tried to persuade her to lie to the housing department when they started to investigate.  When Miss Noel had to go because she was not willing to collect the entire income, after a short period when your husband was there, you repeated your conduct.

2.        We accept what Advocate Benest says on your behalf, namely that that may not have been your intention when your grandson first went in there, but the fact remains that almost immediately you reverted to conduct which you knew then, from at least 2 previous occasions, was illegal.  Furthermore, when the housing department started to investigate, you were uncooperative, even going to the extent of preventing your grandson from going to talk to them.  The gravemen of this offence is that is was a deliberate breach of the law.

3.        We take into account your guilty plea and we also take note of the delay and the other matters which Advocate Benest has put forward.  The gravemen of this offence was that it was a deliberate breach of the law and also your attitude towards the department shows a lamentable lack of honesty and a desire to help them. 

4.        We think the fines are entirely justified, so we are going to impose fines of £4000 on each count and £1500 costs and 2 months' in default in relation to each count.  You will have 3 months in which to pay the fines.

Authorities

Housing (Jersey) Law 1949.