Att. Gen. v Freeman [1994] JLR 29 (25 January 1994)
- Citation
- [1994] JLR 29
- 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
A husband acquires no interest in property by virtue of marriage such as to sustain a defence of res sua to a charge of causing malicious damage; mistake as to rights over property is no defence.
Court disposition
Defence of res sua and mistake as to rights over property rejected; conviction for malicious damage upheld.
02
Material facts
Parties
Attorney General
ApplicantFreeman
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether a husband acquires an interest in property by virtue of marriage sufficient to sustain a defence of res sua to a charge of malicious damage
- 02
Whether mistake as to rights over property is a defence to malicious damage
Party arguments
- Applicant
- The applicant argued that marriage does not confer upon a husband any proprietary interest in his wife's property sufficient to sustain a defence of res sua to a charge of malicious damage, and that mistake as to rights over property is not a defence.
- Respondent
- The respondent contended that by virtue of marriage, he had an interest in the property sufficient to claim the defence of res sua, or alternatively, that he was mistaken as to his rights over the property.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal law
Marriage does not confer upon a husband any proprietary interest in his wife's property sufficient to sustain a defence of res sua to a charge of malicious damage.
- 02
Jersey criminal law
Mistake as to rights over property is not a defence to a charge of malicious damage.
06
Ratio, limits and disposition
Ratio decidendi
A husband acquires no interest in property by virtue of marriage such as to sustain a defence of res sua to a charge of causing malicious damage; mistake as to rights over property is no defence.
Court disposition
Defence of res sua and mistake as to rights over property rejected; conviction for malicious damage upheld.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Freeman [1994] JLR 29 (25 January 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940029.html Cite as: [1994] JLR 29 [ New search ] [ Help ] Att. Gen. v Freeman 1994 JLR 29 (25 January 1994) Criminal Law - malicious damage - res sua - husband acquires no interest in property by virtue of marriage such as to sustain defence of res sua to charge of causing malicious damage-mistake as to rights over property no defence 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: 1994 JLR 29 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940029.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.