Att. Gen. v Shewan [2005] JLR 265 (19 April 2005)

Att. Gen. v Shewan [2005] JLR 265 (19 April 2005)

For the offence of affray on private premises, the presence of a bystander is required, but this is not necessary if the affray occurs in public. A bystander is considered present if the affray occurs within their sight or hearing.

Citation
[2005] JLR 265
Parties
Applicant: Attorney General; Respondent: Shewan
Jurisdiction
Jersey
Judgment Date
19 April 2005
Procedural Posture
Criminal / Judgment
Outcome
clarification of law
Legal Topics
Affray, Elements of Offence, Bystander Requirement
Criminal Law Affray Elements of Offence Bystander Requirement

Case Brief

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Parties

Attorney General

Applicant

Shewan

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether a bystander must be present for the offence of affray on private premises
  2. 2 Whether the presence of a bystander is required for affray in public
  3. 3 Definition of 'bystander' in the context of affray

Ratio Decidendi

For the offence of affray on private premises, the presence of a bystander is required, but this is not necessary if the affray occurs in public. A bystander is considered present if the affray occurs within their sight or hearing.

Court Disposition

clarification of law