Jersey Judgment

Att. Gen. v Shaw [1992] JLR_Note 5a (22 May 1992)

Criminal Law Contempt of Court Mitigation Duress

Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

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Source document

Holding and result

Duress may be considered as a mitigating factor in contempt of court cases.

Court disposition

Mitigation of duress is available in contempt of court.

Material facts

Parties

Attorney General

Applicant

Shaw

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

Whether duress is available as mitigation in contempt of court proceedings

Party arguments

Applicant: The applicant contends that duress should not be available as mitigation for contempt of court.
Respondent: The respondent argues that duress should be considered as a mitigating factor in contempt of court.

Court’s reasoning

Legal principles

01
Att. Gen. v Shaw [1992] JLR_Note 5a

Mitigation of duress is available in contempt of court proceedings.

Ratio, limits and disposition

Ratio decidendi

Duress may be considered as a mitigating factor in contempt of court cases.

Court disposition

Mitigation of duress is available in contempt of court.

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Source document

Court record

Judgment

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Shaw [1992] JLR_Note 5a (22 May 1992) URL: https://www.bailii.org/je/cases/JLR/1992/JLR92N005a.html Cite as: [1992] JLR_Note 5a [ New search ] [ Help ] Att. Gen. v Shaw 1992 JLR Note 5a (22 May 1992) CONTEMPT OF COURT-mitigation of duress available 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: 1992 JLR Note 5a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1992/JLR92N005a.html

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Att. Gen. v Shaw [1992] JLR_Note 5a

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