Att. Gen. v Thwaites [1978] JLR 179 (29 September 1978)

Att. Gen. v Thwaites [1978] JLR 179 (29 September 1978)

The court held that it does not have inherent jurisdiction to create new criminal offences and is limited to applying existing legal principles to new factual situations.

Citation
[1978] JLR 179
Parties
Applicant: Attorney General; Respondent: Thwaites
Jurisdiction
Jersey
Judgment Date
29 September 1978
Procedural Posture
Criminal / Judgment
Outcome
application dismissed
Legal Topics
Jurisdiction of Courts, Creation of Offences, Judicial Powers
Criminal Law Constitutional Law Jurisdiction of Courts Creation of Offences Judicial Powers

Case Brief

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Parties

Attorney General

Applicant

Thwaites

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the Royal Court has inherent jurisdiction to create new criminal offences in respect of undesirable behaviour

Ratio Decidendi

The court held that it does not have inherent jurisdiction to create new criminal offences and is limited to applying existing legal principles to new factual situations.

Court Disposition

application dismissed