Att. Gen. v Foster [1989] JLR 70 (20 February 1989)

Att. Gen. v Foster [1989] JLR 70 (20 February 1989)

The court held that Jersey's common law of crimes is derived from the common law of Normandy, which is based on Roman law, and therefore the court may be guided by developments in other Roman law-based jurisdictions.

Citation
[1989] JLR 70
Parties
Applicant: Attorney General; Respondent: Foster
Jurisdiction
Jersey
Judgment Date
20 February 1989
Procedural Posture
Criminal / Appellate
Outcome
Guidance permitted from Roman law-based jurisdictions
Legal Topics
Common Law of Normandy, Roman Law Influence
Criminal Law Common Law of Normandy Roman Law Influence

Case Brief

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Parties

Attorney General

Applicant

Foster

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Whether the common law of Normandy is the source of Jersey's common law of crimes
  2. 2 Whether the court may be guided by developments in other Roman law-based jurisdictions

Ratio Decidendi

The court held that Jersey's common law of crimes is derived from the common law of Normandy, which is based on Roman law, and therefore the court may be guided by developments in other Roman law-based jurisdictions.

Court Disposition

Guidance permitted from Roman law-based jurisdictions