The Attorney General v José de Sousa Ribeiro

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 26 January 2001
• Neutral Citation: [2001] JRC 26
• Date: 26 January 2001

[2001] JRC 026

ROYAL COURT

(Samedi Division)

Before:

Sir Philip Bailhache, Bailiff, and Jurats Le Ruez and Le Breton.

The Attorney General

and

José de Sousa Ribeiro

Advocate S.E. Fitz, Crown Advocate

Advocate D.C. Sowden for the Defendant.

Authorities

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

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

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: ô750 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

Bailiff

THE

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.