Att. Gen v Howard [1974] JJ 105 (04 October 1974)
- Citation
- [1974] JJ 105
- 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 penalty under a criminal or penal statute cannot be imposed unless the statutory language is so clear that the penalty is necessarily imposed; omissions are not to be supplied by the court.
Court disposition
penalty not imposed
02
Material facts
Parties
Attorney General
ApplicantHoward
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether omissions in criminal and penal statutes can be supplied by the court
- 02
Whether penalties can be imposed where statutory language is not clear
Party arguments
- Applicant
- The applicant argued for the imposition of a penalty under the relevant statute.
- Respondent
- The respondent contended that the statutory language was not sufficiently clear to impose a penalty and that omissions should not be supplied by the court.
05
Court’s reasoning
Legal principles
- 01
statutory interpretation
Omissions in criminal and penal statutes are not usually to be supplied by the court but by the legislature.
- 02
statutory interpretation
The court must follow the intention of the legislature as revealed by the language of the statute or by necessary implication.
- 03
statutory interpretation
Strict construction is required for criminal and penal statutes; a penalty is not incurred unless the language is so clear that the penalty is necessarily imposed.
06
Ratio, limits and disposition
Ratio decidendi
A penalty under a criminal or penal statute cannot be imposed unless the statutory language is so clear that the penalty is necessarily imposed; omissions are not to be supplied by the court.
Court disposition
penalty not imposed
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
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen v Howard [1974] JJ 105 (04 October 1974) URL: https://www.bailii.org/je/cases/JLR/1974/JLR740105.html Cite as: [1974] JJ 105 [ New search ] [ Help ] Att. Gen v Howard 1974 J. J. 105 (04 October 1974) Statutes-interpretation-criminal and penal statutes-omissions-not usually to be supplied by court but by legislature-court to follow intention of legislature revealed by language of statute or by necessary implication-strict construction required-penalty not incurred unless language so clear that penalty necessarily imposed 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: 1974 J. J. 105 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1974/JLR740105.html
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