Att. Gen v Howard [1974] JJ 105 (04 October 1974)

A penalty under a criminal or penal statute cannot be imposed unless the statutory language is so clear that the penalty is necessarily imposed; omissions are not to be supplied by the court.

Citation: [1974] JJ 105
Parties: Applicant: Attorney General; Respondent: Howard
Jurisdiction: Jersey
Judgment Date: 04 October 1974
Procedural Posture: Criminal / Judgment
Outcome: penalty not imposed
Legal Topics: Interpretation of Penal Statutes, Legislative Intent, Strict Construction, Imposition of Penalties

Criminal Law Statutory Interpretation Interpretation of Penal Statutes Legislative Intent Strict Construction Imposition of Penalties

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Parties

Attorney General

Applicant

Howard

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether omissions in criminal and penal statutes can be supplied by the court
2 Whether penalties can be imposed where statutory language is not clear

Ratio Decidendi

A penalty under a criminal or penal statute cannot be imposed unless the statutory language is so clear that the penalty is necessarily imposed; omissions are not to be supplied by the court.

Court Disposition

penalty not imposed