Att. Gen. v Young [1998] JLR 101 (10 March 1998)
- Citation
- [1998] JLR 101
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The court held that 'property' as used in the statute encompasses foreign currency transactions for profit, even if no actual currency is exchanged and the transactions are only recorded in bankers' books.
Court disposition
application granted
02
Material facts
Parties
Attorney General
ApplicantYoung
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
Whether 'property' under Depositors and Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c) includes foreign currency dealt with for profit even if no actual currency is exchanged
Party arguments
- Applicant
- The Attorney General argued that 'property' as defined in the relevant law includes foreign currency transactions conducted for profit, regardless of whether physical currency is exchanged, as long as the transactions are recorded in bankers' books.
- Respondent
- The respondent contended that 'property' should not include foreign currency where no actual currency is exchanged, and that the law should be interpreted narrowly to exclude such arrangements.
05
Court’s reasoning
Legal principles
- 01
Depositors and Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c)
'Property' under the Depositors and Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c) includes foreign currency dealt with for profit, even if transactions are only recorded and no physical currency is exchanged.
06
Ratio, limits and disposition
Ratio decidendi
The court held that 'property' as used in the statute encompasses foreign currency transactions for profit, even if no actual currency is exchanged and the transactions are only recorded in bankers' books.
Court disposition
application granted
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 Young [1998] JLR 101 (10 March 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR980101.html Cite as: [1998] JLR 101 [ New search ] [ Help ] Att. Gen. v Young 1998 JLR 101 (10 March 1998) Financial Services - investor protection - fraudulent inducement to investors - fraudulent inducement to take part in arrangements with respect to property under Depositors and Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c)-"property" includes foreign currency dealt with for profit, even though transactions recorded on bankers' books and no currency actually exchanged 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: 1998 JLR 101 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR980101.html
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