Att. Gen. v Arthur [1990] JLR 11 (16 January 1990)

Att. Gen. v Arthur [1990] JLR 11 (16 January 1990)

The court held that the offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is not one of strict liability; intent or knowledge is required for liability.

Citation
[1990] JLR 11
Parties
Applicant: Attorney General; Respondent: Arthur
Jurisdiction
Jersey
Judgment Date
16 January 1990
Procedural Posture
Criminal / Judgment
Outcome
offence not of strict liability; intent required
Legal Topics
Strict Liability, Housing Offences, Statutory Interpretation
Criminal Law Housing Law Strict Liability Housing Offences Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Arthur

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether an offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is one of strict liability
  2. 2 Interpretation of 'device, plan or scheme' inconsistent with application under the Law

Ratio Decidendi

The court held that the offence under Housing (Jersey) Law, 1949, art. 14(1)(d) is not one of strict liability; intent or knowledge is required for liability.

Court Disposition

offence not of strict liability; intent required