Burnett v Att. Gen. [2008] JLR 117 (04 April 2008)

Burnett v Att. Gen. [2008] JLR 117 (04 April 2008)

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.

Citation
[2008] JLR 117
Parties
Applicant: Burnett; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
04 April 2008
Procedural Posture
Criminal / Judgment
Outcome
offence found to be strict liability
Legal Topics
Strict Liability, Speeding Offences, Mens Rea
Criminal Law Road Traffic Law Strict Liability Speeding Offences Mens Rea

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Burnett

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether exceeding the speed limit under the Road Traffic (Speed Limits) (Jersey) Order 2003 is a strict liability offence
  2. 2 Whether the presumption of mens rea is displaced for this offence

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.

Court Disposition

offence found to be strict liability