Burnett v Att. Gen. [2008] JLR 117 (04 April 2008)
- Citation
- [2008] JLR 117
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Exceeding the speed limit under the Road Traffic (Speed Limits) (Jersey) Order 2003 is a strict liability offence because the statutory context and purpose displace the presumption of mens rea.
Court disposition
offence found to be strict liability
02
Material facts
Parties
Burnett
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether exceeding the speed limit under the Road Traffic (Speed Limits) (Jersey) Order 2003 is a strict liability offence
- 02
Whether the presumption of mens rea is displaced for this offence
Party arguments
- Applicant
- The applicant likely argued that the offence should require proof of mens rea and that strict liability should not apply.
- Respondent
- The respondent argued that the offence is one of strict liability and that the presumption of mens rea is displaced by the statutory context.
05
Court’s reasoning
Legal principles
- 01
Interpretation of the Road Traffic (Speed Limits) (Jersey) Order 2003 and general principles of criminal law regarding strict liability
Certain statutory offences, particularly regulatory offences such as road traffic violations, may be construed as strict liability offences where the legislative intent is clear and the presumption of mens rea is displaced.
06
Ratio, limits and disposition
Ratio decidendi
Exceeding the speed limit under the Road Traffic (Speed Limits) (Jersey) Order 2003 is a strict liability offence because the statutory context and purpose displace the presumption of mens rea.
Obiter and limits
- Reasons why the presumption of mens rea is displaced in regulatory offences such as road traffic violations.
Court disposition
offence found to be strict liability
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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