Att. Gen. v Bardwell [1996] JLR_Note 16a (24 April 1996)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Stalking can constitute grave and criminal assault if it causes the victim to fear for their safety under Jersey law.
Court disposition
judgment for applicant
02
Material facts
Parties
Attorney General
ApplicantBardwell
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conduct constituted grave and criminal assault under Jersey law
- 02
Whether 'stalking' falls within the ambit of grave and criminal assault
Party arguments
- Applicant
- The Attorney General argued that the respondent's conduct amounted to grave and criminal assault, specifically by way of stalking.
- Respondent
- The respondent argued that the conduct did not meet the threshold for grave and criminal assault and that stalking should not be classified as such.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal law
Grave and criminal assault includes conduct that causes fear of violence or harm, including stalking.
06
Ratio, limits and disposition
Ratio decidendi
Stalking can constitute grave and criminal assault if it causes the victim to fear for their safety under Jersey law.
Court disposition
judgment for applicant
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Bardwell [1996] JLR_Note 16a (24 April 1996) URL: https://www.bailii.org/je/cases/JLR/1996/JLR96N016a.html Cite as: [1996] JLR_Note 16a [ New search ] [ Help ] Att. Gen. v Bardwell 1996 JLR Note 16a (24 April 1996) ASSAULT/ASSAUT-grave and criminal assault-"stalking" 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: 1996 JLR Note 16a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1996/JLR96N016a.html
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