Jersey Unreported Judgments

[2010]JRC048

ROYAL COURT

(Samedi Division)

5^th March 2010

The Attorney General

-v-

Darren Mayne

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age: 

Plea: Guilty.

Details of Offence:

Travelling fairground operator.  During August 2008 Battle of Flowers, two 12 year old girls were thrown from a "Mega Bounce" ride when their lap bar restraints opened.  They suffered injuries - victim (i) concussion, chest injury, facial bruising, soft tissue injury to knee and fractured pelvis; victim (ii) contusions, bruising, soft tissue injury to pelvis.  Purely good fortune girls were not killed.  On examination, the ride had a number of serious defects which, combined with failings in manner in which it was operated, placed passengers at risk.

Details of Mitigation:

Admitted infraction at earliest opportunity.  Good character.  Remorse.  Co-operated with local and UK Health and Safety authorities.  Married with two young children.  Ashamed of what had happened; fourth generation traveller with no previous accidents.  Unreserved apologies to families; accepted could have been a double fatality.  Affidavit of Means submitted.  Impecunious: getting by on £7,000 loan until season re-commences on Mothering Sunday.

Previous Convictions:

None.

Conclusions:

In particular, individual financial circumstances, a very reduced fine of £5,000 plus £1,000 towards prosecution costs and £2,500 contribution towards costs of expert's report.

Contribution towards Prosecution costs in the sum of £1,000 and £2,500 towards Expert's report.

Total:  £8,500 fine with time to pay.

Sentence and Observations of Court:

Conclusions granted.

£300 payable per month until the ride is sold when the balance will be accounted for with first payment to be made in one month.

S. Sharpe, Crown Advocate.

Advocate M. T. Jowitt for the Defendant.

JUDGMENT

THE commissioner:

1.        But for the grace of God, the most appalling injuries could have been suffered by two young girls enjoying themselves on this fairground ride.  It was a very serious breach of the Safety Regulations; it involved not only mechanical failure but also a failure in arrangements to check whether the ride was operating safely and satisfactorily. 

2.        In mitigation we accept that this was a first offence.  We accept the fact that the defendant acknowledged full responsibility for his gross negligence at a very early stage and that he feels shame in the way in which his Counsel has described it to the Court.  But for the financial circumstances of the defendant, a very much higher fine would have been imposed, but we accept, in all the circumstances and in particular the background of contrition shown by the defendant, that it would be disproportionate to put this man out of business and we are therefore going to grant the conclusions.

3.        Mr Mayne, we accept the apology which you have tendered to the Court through your Counsel and we accept the remorse that you have felt for what has gone wrong.  We fine you £5,000 with an alternative of 9 months' imprisonment in default of payment.  We order you to pay a contribution of £1,000 towards the costs of the Prosecution and £2,500 towards the costs of the expert report making a total of £8,500 and we agree that the amount may be paid at £300 per month until the ride is sold, when the balance must be accounted for. 

4.        First payment to be made within 1 month. 

Authorities

AG-v-Raffray [2009] JRC 053.

R-v-F. Howe & Sons (Engineers) Limited [1999] Cr. App. R. (S) 37.

Health & Safety at Work (Jersey) Law 1989.