Att. Gen. v Davis [2001] JLR 513 (03 September 2001)

Att. Gen. v Davis [2001] JLR 513 (03 September 2001)

There is no right to trial by jury for a statutory contravention under Fire Service (Jersey) Law 1959, art. 17(2), and the Attorney General does not have the right to choose the mode of prosecution under the Interpretation (Jersey) Law 1954, art. 16, regardless of any overlap with the common law offence of arson.

Citation
[2001] JLR 513
Parties
Applicant: Attorney General; Respondent: Davis
Jurisdiction
Jersey
Judgment Date
03 September 2001
Procedural Posture
Criminal / Appellate
Outcome
application dismissed
Legal Topics
Arson, Trial by Jury, Statutory Interpretation
Criminal Law Arson Trial by Jury Statutory Interpretation

Case Brief

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Parties

Attorney General

Applicant

Davis

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Whether there is a right to trial by jury for a statutory contravention under Fire Service (Jersey) Law 1959, art. 17(2)
  2. 2 Whether the Attorney General has an analogous right under the Interpretation (Jersey) Law 1954, art. 16 to choose the mode of prosecution

Ratio Decidendi

There is no right to trial by jury for a statutory contravention under Fire Service (Jersey) Law 1959, art. 17(2), and the Attorney General does not have the right to choose the mode of prosecution under the Interpretation (Jersey) Law 1954, art. 16, regardless of any overlap with the common law offence of arson.

Court Disposition

application dismissed