AG -v- Pitman and Southern [2009] JRC 106 (20 May 2009)

AG -v- Pitman and Southern [2009] JRC 106 (20 May 2009)

The defendants, as members of the States Assembly, deliberately and publicly breached Article 39A of the Public Elections (Jersey) Law 2002 after voting against it, thereby challenging the rule of law. The Court held that personal disagreement with legislation does not justify its breach, especially by lawmakers, and imposed fines to robustly defend the rule of law.

Citation
[2009] JRC 106
Parties
Defendant: Deputy Southern; Defendant: Deputy Pitman
Jurisdiction
Jersey
Judgment Date
20 May 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and fined
Legal Topics
Postal Voting Offences, Public Elections, Rule of Law, Sentencing, Human Rights
Criminal Law Election Law Postal Voting Offences Public Elections Rule of Law Sentencing Human Rights

Case Brief

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Parties

Deputy Southern

Defendant

Deputy Pitman

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendants breached Article 39A of the Public Elections (Jersey) Law 2002 by assisting in the completion and delivery of postal voting forms as candidates.
  2. 2 Whether the prohibition under Article 39A is compatible with human rights obligations, particularly regarding assistance to disabled voters.

Ratio Decidendi

The defendants, as members of the States Assembly, deliberately and publicly breached Article 39A of the Public Elections (Jersey) Law 2002 after voting against it, thereby challenging the rule of law. The Court held that personal disagreement with legislation does not justify its breach, especially by lawmakers, and imposed fines to robustly defend the rule of law.

Court Disposition

convicted and fined

Orders

  • Deputy Southern fined £10,000, applying the totality principle for 20 offences.
  • Deputy Pitman fined £2,000 for 2 offences.