Jersey Unreported Judgments

Inferior Number Sentencing - contravention of paragraph (1) of Article 3 of the Food Safety (Jersey) Law 1966.

[2014] JRC148A

Royal Court

(Samedi)

25 July 2014

The Attorney General

-v-

Christine Glyn Joshua (nee Jones) trading as Le Marinel Products

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

Plea: Guilty.

Details of Offence:

The defendant traded part-time as a caterer to public functions.  She was otherwise employed as a theatre nurse.  She lived at Le Marinel Farm with her then partner who operated a business known as "The Whole Hog" which supplied hog roasts to functions.  On 6^th July, 2013, Mrs Joshua and her partner provided food to a 40^th birthday function; on 7^th July, 2013, to a Christening party.  On both occasions, Mrs Joshua supplied coleslaw and potato salad and in making the mayonnaise, she used raw, un-heat treated duck eggs from un-vaccinated ducks she kept on the farm.  Subsequently 55 persons became ill with Salmonella food poisoning, two of whom were hospitalised, one of whom was a pregnant lady and the other a child with pre-existing kidney problems.  The investigation by the Environmental Health Department later identified that the source of the infection was the raw duck eggs. 

Details of Mitigation:

Admitted infractions on Indictment.  No previous convictions.  Co-operation with investigation. 

Previous Convictions:

None.

Conclusions:

Mrs Joshua produced an affidavit indicating parlous financial circumstances.  The Crown would normally have moved for fine of £7,500 on each charge: total of £15,000 but in particular circumstances and without creating a precedent, sought an individualised sentence:-

Total: £2,000 fine or 4 weeks' imprisonment in default.

Nominal contribution sought in the sum of £250 towards the costs of the prosecution.

Period of 24 months sought in order to pay fine.

Sentence and Observations of Court:

Total: 120 hours' Community Service Order.

Contribution of £250 ordered towards prosecution costs to be paid within 6 months.

Mrs S. Sharpe, Crown Advocate.

Advocate L. A. Ingram for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to answer two charges under Article 3 of the Food Safety (Jersey) Law 1966.  The penalties for infringement of that provision in the Law are a fine or up to 2 years' imprisonment.  The Court is going to impose a sentence of community service and it follows from that we have been considering a sentence of imprisonment because we only have jurisdiction to impose community service where we have been considering a sentence of imprisonment and I want to make that plain because that is to give notice to those who are conducting this sort of business that there are serious penalties involved in breaching the law. 

2.        For reasons which are reserved, and will be set out in a judgment which is to follow, you are sentenced to 120 hours' community service on each of the two charges and those will run concurrently, so that makes a total of 120 hours' community service and the default sentence of imprisonment would have been 6 months' imprisonment.

3.        You are also ordered to pay £250 towards the prosecution's costs and you will have 6 months in which to pay. 

Authorities

Food Safety (Jersey) Law 1966.

AG v Channel Islands Co-Operative Society Limited [1997] JRC 008.