AG v Bester [2023] JRC 071 (27 April 2023)

Article 4(1) does not require the sexual purpose to be unlawful; the offence is made out if the purpose is sexual, as the statutory language is clear and unambiguous.

Citation: [2023] JRC 071
Parties: Defendant: Defendant; Prosecution: Prosecution
Jurisdiction: Jersey
Judgment Date: 27 April 2023
Procedural Posture: Criminal / Submission of No Case to Answer
Outcome: Submission of no case to answer rejected
Legal Topics: Trafficking in Persons, Sexual Exploitation, Statutory Interpretation

Criminal Law Human Trafficking Trafficking in Persons Sexual Exploitation Statutory Interpretation

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Defendant

Prosecution

Procedural Posture

Criminal / Submission of No Case to Answer

Legal Issues

1 Whether Article 4(1) of the Crime (Transnational Organised Crime) (Jersey) Law 2008 requires the sexual purpose to be unlawful for an offence to be made out

Ratio Decidendi

Article 4(1) does not require the sexual purpose to be unlawful; the offence is made out if the purpose is sexual, as the statutory language is clear and unambiguous.

Court Disposition

Submission of no case to answer rejected

Orders

Count 1 to proceed to jury