In re Pearce v [2011] JLR 709 (20 September 2011)
- Citation
- [2011] JLR 709
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Election Petition / Judgment
More details
- Posture
- Election Petition / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Disqualification is the appropriate sanction for knowingly making a false declaration of previous offences, but the court would not disqualify if the electorate is now properly informed.
Court disposition
No disqualification imposed
02
Material facts
Parties
Pearce
CandidateAmounts and remedies
- Number of Convictions Declared: 1
- Actual Number of Convictions: 20
03
Procedural history
Posture
Election Petition / Judgment
04
Questions and positions
Legal issues
- 01
Whether a fine is an adequate sanction for knowingly making a false declaration of previous offences under States of Jersey Law 2005, art. 9(3)
- 02
Whether disqualification should be imposed as a sanction
- 03
Whether the court should disqualify the candidate if the electorate is now properly informed
Party arguments
- Applicant
- The candidate knowingly made a false declaration of previous offences, declaring only 1 conviction instead of 20 for breach of Public Elections (Jersey) Law 2002, art. 39A. The sanction of a fine is inadequate and disqualification should be imposed.
- Respondent
- Even if the court could disqualify, it would not do so if, as a result of proceedings, the electorate is now properly informed about the candidate's previous offences.
05
Court’s reasoning
Legal principles
- 01
States of Jersey Law 2005, art. 9(3)
A fine under States of Jersey Law 2005, art. 9(3) is an inadequate sanction for knowingly making a false declaration of previous offences; disqualification is the appropriate sanction.
- 02
Judicial discretion
The court may refrain from disqualifying a candidate if the electorate is now properly informed as a result of proceedings.
06
Ratio, limits and disposition
Ratio decidendi
Disqualification is the appropriate sanction for knowingly making a false declaration of previous offences, but the court would not disqualify if the electorate is now properly informed.
Obiter and limits
- A fine is not an adequate sanction for such misconduct.
Court disposition
No disqualification imposed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Pearce v [2011] JLR 709 (20 September 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110709.html Cite as: [2011] JLR 709 [ New search ] [ Help ] In re Pearce v 2011 JLR 709 (20 September 2011) Elections-candidates-declaration of previous offences-fine under States of Jersey Law 2005, art. 9(3) for knowingly making false declaration of previous offences inadequate sanction-should be disqualification-even if court could disqualify, would not do so if, as result of proceedings seeking candidate's removal for inadequate declaration (i.e. of 1 rather than 20 convictions for breach of Public Elections (Jersey) Law 2002, art. 39A), electorate now properly informed 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: 2011 JLR 709 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110709.html
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