AG -v- Jackson [2010] JRC 047 (01 March 2010)

AG -v- Jackson [2010] JRC 047 (01 March 2010)

The offence under Article 8(3) of the Medicines (Jersey) Law 1995 is not one of strict liability; the prosecution must prove that the defendant knew he was importing something into the Island, but need not prove knowledge that the item was a medicinal product without a licence.

Citation
[2010] JRC 047
Parties
Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
01 March 2010
Procedural Posture
Criminal / Trial Ruling on Mens Rea for Offence Under Article 8(3) of Medicines (jersey) Law 1995
Outcome
Ruling on law - direction to Jurats on required mens rea for offence under Article 8(3)
Legal Topics
Strict Liability, Mens Rea, Importation of Medicinal Products, Statutory Interpretation
Criminal Law Regulatory Law Strict Liability Mens Rea Importation of Medicinal Products Statutory Interpretation

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Parties

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Trial Ruling on Mens Rea for Offence Under Article 8(3) of Medicines (jersey) Law 1995

Legal Issues

  1. 1 Whether the offence under Article 8(3) of the Medicines (Jersey) Law 1995 is one of strict liability or requires proof of mens rea
  2. 2 What level of knowledge or intention is required for conviction under Article 8(3)

Ratio Decidendi

The offence under Article 8(3) of the Medicines (Jersey) Law 1995 is not one of strict liability; the prosecution must prove that the defendant knew he was importing something into the Island, but need not prove knowledge that the item was a medicinal product without a licence.

Court Disposition

Ruling on law - direction to Jurats on required mens rea for offence under Article 8(3)

Orders

  • The Court directs that for offences under Article 8(3) of the Medicines (Jersey) Law 1995, the prosecution must prove the defendant knew he was importing something into the Island.