Jersey Judgment

Att. Gen. v Chambers [1966] JJ 607 (02 May 1966)

Criminal Law Licensing Law Intoxicating Liquor Minors on Licensed Premises Strict Liability Knowledge Requirement

Citation: [1966] JJ 607
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Appeal

More details

Posture: Criminal / Appeal

On this page

Professional case brief

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Source document

Holding and result

The court held that the offence is not one of strict liability; the licensee must have actual or constructive knowledge of the presence of a minor on licensed premises.

Court disposition

appeal dismissed

Material facts

Parties

Attorney General

Applicant

Chambers

Respondent

Procedural history

Posture

Criminal / Appeal

Questions and positions

Legal issues

01
Whether the offence under Licensing (Jersey) Law 1950, art. 35 is one of strict liability
02
Whether 'knowingly' should be read into the provision requiring knowledge of the presence of a minor

Party arguments

Applicant: The prosecution argued that the presence of a minor on licensed premises constitutes an offence regardless of the licensee's knowledge, suggesting strict liability.
Respondent: The defence contended that the offence requires knowledge, either actual or constructive, and that the licensee must be shown to have knowingly allowed the minor's presence.

Court’s reasoning

Legal principles

01
Licensing (Jersey) Law 1950, art. 35

The word 'knowingly' is to be read into Licensing (Jersey) Law 1950, art. 35, requiring actual or constructive knowledge for liability.

Ratio, limits and disposition

Ratio decidendi

The court held that the offence is not one of strict liability; the licensee must have actual or constructive knowledge of the presence of a minor on licensed premises.

Obiter and limits

Constructive knowledge includes closing one's eyes to the obvious or being reckless as to the circumstances.

Court disposition

appeal dismissed

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1966] JJ 607

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Chambers [1966] JJ 607 (02 May 1966) URL: https://www.bailii.org/je/cases/JLR/1966/JLR660607.html Cite as: [1966] JJ 607 [ New search ] [ Help ] Att. Gen. v Chambers 1966 J. J. 607 (02 May 1966) Intoxicating Liquor-minors-allowing presence on licensed premises of person under 18-not offence of strict liability-"knowingly" to be read into Licensing (Jersey) Law 1950, art. 35-licensee must have actual or constructive knowledge of presence of minor-constructive knowledge is closing eyes to obvious, or being reckless as to circumstances 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: 1966 J. J. 607 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1966/JLR660607.html

Authorities

Authorities used by the court

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

Licensing (Jersey) Law 1950, art. 35

Legislation

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