Jersey Judgment

Att. Gen's Ref. v [1991] JLR 346 (04 December 1991)

Criminal Law Housing Law Strict Liability Housing Offences Interpretation of 'device, Plan or Scheme'

Citation: [1991] JLR 346
Status: Judgment
Jurisdiction: Jersey
Posture: Reference / Appellate

More details

Posture: Reference / Appellate

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Professional case brief

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Source document

Holding and result

The court held that the offences under the Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are not of strict liability and require proof of a mental element.

Court disposition

reference answered

Material facts

Parties

Attorney General

Applicant

Unknown Respondent

Respondent

Procedural history

Posture

Reference / Appellate

Questions and positions

Legal issues

01
Whether offences under Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are of strict liability
02
Interpretation of 'device, plan or scheme' inconsistent with application

Party arguments

Applicant: The Attorney General argued that the offences under the Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are offences of strict liability and that the use of a 'device, plan or scheme' inconsistent with an application constitutes an offence regardless of intent.
Respondent: The respondent contended that the offences require proof of intent and are not offences of strict liability; the phrase 'device, plan or scheme' should be interpreted to require a mental element.

Court’s reasoning

Legal principles

01
Housing (Jersey) Law, 1949, art. 14(1)(c) and (d)

Offences under Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are not offences of strict liability; a mental element is required.

Ratio, limits and disposition

Ratio decidendi

The court held that the offences under the Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are not of strict liability and require proof of a mental element.

Court disposition

reference answered

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1991] JLR 346

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen's Ref. v [1991] JLR 346 (04 December 1991) URL: https://www.bailii.org/je/cases/JLR/1991/JLR910346.html Cite as: [1991] JLR 346 [ New search ] [ Help ] Att. Gen's Ref. v 1991 JLR 346 (04 December 1991) Housing - offences - "device, plan or scheme" inconsistent with application - offences under Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) not of strict liability The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1991 JLR 346 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1991/JLR910346.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Housing (Jersey) Law, 1949, art. 14(1)(c)

Legislation

Legislation referenced in the available case record.

Housing (Jersey) Law, 1949, art. 14(1)(d)

Legislation

Legislation referenced in the available case record.

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