Att. Gen's Ref. v [1991] JLR 346 (04 December 1991)

The court held that the offences under the Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are not of strict liability and require proof of a mental element.

Citation: [1991] JLR 346
Parties: Applicant: Attorney General; Respondent: Unknown Respondent
Jurisdiction: Jersey
Judgment Date: 04 December 1991
Procedural Posture: Reference / Appellate
Outcome: reference answered
Legal Topics: Strict Liability, Housing Offences, Interpretation of 'device, Plan or Scheme'

Criminal Law Housing Law Strict Liability Housing Offences Interpretation of 'device, Plan or Scheme'

Case Brief

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Parties

Attorney General

Applicant

Unknown Respondent

Respondent

Procedural Posture

Reference / Appellate

Legal Issues

1 Whether offences under Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are of strict liability
2 Interpretation of 'device, plan or scheme' inconsistent with application

Ratio Decidendi

The court held that the offences under the Housing (Jersey) Law, 1949, art. 14(1)(c) and (d) are not of strict liability and require proof of a mental element.

Court Disposition

reference answered