C v Att. Gen. [1994] JLR 134 (21 April 1994)
- Citation
- [1994] JLR 134
- 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
A conviction under the Protection of Animals (Jersey) Law 1980, art. 2(1)(a) does not require proof of the extent of suffering; it is sufficient if the animal is made ill at ease. The extent of suffering is only relevant to sentencing.
Court disposition
conviction upheld
02
Material facts
Parties
C
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether cattle are 'worried' within the meaning of Protection of Animals (Jersey) Law 1980, art. 2(1)(a) if made ill at ease
- 02
Whether the extent of suffering is relevant to conviction or only to sentence
Party arguments
- Applicant
- The extent of suffering caused to the cattle should be relevant to conviction under the Protection of Animals (Jersey) Law 1980.
- Respondent
- Cattle are 'worried' within the meaning of the law if made ill at ease, and the extent of suffering is not relevant to conviction but only to sentence.
05
Court’s reasoning
Legal principles
- 01
Protection of Animals (Jersey) Law 1980, art. 2(1)(a)
Cattle are 'worried' within the meaning of Protection of Animals (Jersey) Law 1980, art. 2(1)(a) if made ill at ease.
- 02
Protection of Animals (Jersey) Law 1980, art. 2(1)(a)
The extent of suffering is irrelevant to conviction but relevant to sentence.
06
Ratio, limits and disposition
Ratio decidendi
A conviction under the Protection of Animals (Jersey) Law 1980, art. 2(1)(a) does not require proof of the extent of suffering; it is sufficient if the animal is made ill at ease. The extent of suffering is only relevant to sentencing.
Court disposition
conviction upheld
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> C v Att. Gen. [1994] JLR 134 (21 April 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940134.html Cite as: [1994] JLR 134 [ New search ] [ Help ] C v Att. Gen. 1994 JLR 134 (21 April 1994) Animals - cruelty to animals - causing of pain - cattle "worried" within Protection of Animals (Jersey) Law 1980, art. 2(1)(a) if made ill at ease-extent of suffering irrelevant to conviction but relevant to sentence The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 134 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940134.html
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