Att. Gen. v Arthur [1990] JLR 11 (16 January 1990)
- Citation
- [1990] JLR 11
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is not one of strict liability; intent or knowledge is required for liability.
Court disposition
offence not of strict liability; intent required
02
Material facts
Parties
Attorney General
ApplicantArthur
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether an offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is one of strict liability
- 02
Interpretation of 'device, plan or scheme' inconsistent with application under the Law
Party arguments
- Applicant
- The Attorney General argued that the offence under article 14(1)(d) of the Housing (Jersey) Law, 1949 is one of strict liability and that the respondent committed an offence by employing a device, plan or scheme inconsistent with the application.
- Respondent
- The respondent argued that the offence is not one of strict liability and that intent or knowledge is required for liability under article 14(1)(d).
05
Court’s reasoning
Legal principles
- 01
general criminal law principle
Strict liability offences require no proof of intent unless expressly or impliedly required by the statute.
- 02
statutory interpretation doctrine
Statutory interpretation must consider the wording and purpose of the provision.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is not one of strict liability; intent or knowledge is required for liability.
Court disposition
offence not of strict liability; intent required
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Arthur [1990] JLR 11 (16 January 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR900011.html Cite as: [1990] JLR 11 [ New search ] [ Help ] Att. Gen. v Arthur 1990 JLR 11 (16 January 1990) Housing - offences - "device, plan or scheme" inconsistent with application - offence under Housing (Jersey) Law, 1949, art. 14(1)(d) not one 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: 1990 JLR 11 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR900011.html
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