Att. Gen. v Pennington [1970] JJ 1349 (26 February 1970)

Att. Gen. v Pennington [1970] JJ 1349 (26 February 1970)

The court held that it has no discretion to order trial by jury for contraventions under Housing (Jersey) Law 1949, art. 14(1), and that the Attorney General was correct to proceed by summons and presentation before the Inferior Number on billet.

Citation
[1970] JJ 1349
Parties
Applicant: Attorney General; Respondent: Pennington
Jurisdiction
Jersey
Judgment Date
26 February 1970
Procedural Posture
Criminal / Mode of Trial Determination
Outcome
Attorney General's procedure upheld; no discretion for trial by jury in this context.
Legal Topics
Mode of Trial, Court Discretion, Housing (jersey) Law 1949
Criminal Law Housing Law Mode of Trial Court Discretion Housing (jersey) Law 1949

Case Brief

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Parties

Attorney General

Applicant

Pennington

Respondent

Procedural Posture

Criminal / Mode of Trial Determination

Legal Issues

  1. 1 Whether the court has discretion to order trial by jury for contravention under Housing (Jersey) Law 1949, art. 14(1)
  2. 2 Whether the Attorney General was correct to proceed by summons and presentation before Inferior Number on billet

Ratio Decidendi

The court held that it has no discretion to order trial by jury for contraventions under Housing (Jersey) Law 1949, art. 14(1), and that the Attorney General was correct to proceed by summons and presentation before the Inferior Number on billet.

Court Disposition

Attorney General's procedure upheld; no discretion for trial by jury in this context.