Att. Gen. v Freeman [1994] JLR 29 (25 January 1994)

Att. Gen. v Freeman [1994] JLR 29 (25 January 1994)

A husband acquires no interest in property by virtue of marriage such as to sustain a defence of res sua to a charge of causing malicious damage; mistake as to rights over property is no defence.

Citation
[1994] JLR 29
Parties
Applicant: Attorney General; Respondent: Freeman
Jurisdiction
Jersey
Judgment Date
25 January 1994
Procedural Posture
Criminal / Judgment
Outcome
Defence of res sua and mistake as to rights over property rejected; conviction for malicious damage upheld.
Legal Topics
Malicious Damage, Res Sua, Property Rights in Marriage, Mistake of Rights
Criminal Law Malicious Damage Res Sua Property Rights in Marriage Mistake of Rights

Case Brief

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Parties

Attorney General

Applicant

Freeman

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether a husband acquires an interest in property by virtue of marriage sufficient to sustain a defence of res sua to a charge of malicious damage
  2. 2 Whether mistake as to rights over property is a defence to malicious damage

Ratio Decidendi

A husband acquires no interest in property by virtue of marriage such as to sustain a defence of res sua to a charge of causing malicious damage; mistake as to rights over property is no defence.

Court Disposition

Defence of res sua and mistake as to rights over property rejected; conviction for malicious damage upheld.