Att. Gen. v Corbiere Pavilion Hotel [1982] JLR 173 (17 August 1982)

Att. Gen. v Corbiere Pavilion Hotel [1982] JLR 173 (17 August 1982)

The omission of 'knowingly' from art. 13(1) of the Licensing (Jersey) Law 1974 creates an offence of strict liability, subject only to the limited defence under art. 13(9) of reasonable lack of knowledge of age, with the burden of proof on the accused.

Citation
[1982] JLR 173
Parties
Applicant: Attorney General; Respondent: Corbiere Pavilion Hotel
Jurisdiction
Jersey
Judgment Date
17 August 1982
Procedural Posture
Criminal / Appellate
Outcome
offence of strict liability confirmed; burden of proof for statutory defence lies on accused
Legal Topics
Strict Liability, Intoxicating Liquor, Minors, Burden of Proof
Criminal Law Licensing Law Strict Liability Intoxicating Liquor Minors Burden of Proof

Case Brief

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Parties

Attorney General

Applicant

Corbiere Pavilion Hotel

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Whether omission of 'knowingly' from Licensing (Jersey) Law 1974, art. 13(1) creates a strict liability offence
  2. 2 Whether the accused has a defence of reasonable lack of knowledge of age under art. 13(9) and on whom the burden of proof lies

Ratio Decidendi

The omission of 'knowingly' from art. 13(1) of the Licensing (Jersey) Law 1974 creates an offence of strict liability, subject only to the limited defence under art. 13(9) of reasonable lack of knowledge of age, with the burden of proof on the accused.

Court Disposition

offence of strict liability confirmed; burden of proof for statutory defence lies on accused