Jersey Judgment

In re Pearce v [2011] JLR 709 (20 September 2011)

On this page

Professional case brief

Research organized from the available case record

Source document

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

Candidate

Amounts and remedies

  • Number of Convictions Declared: 1
  • Actual Number of Convictions: 20

03

Procedural history

  1. Posture

    Election Petition / Judgment

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

Source document

Court record

Judgment

[2011] JLR 709

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

States of Jersey Law 2005, art. 9(3)

Legislation

Legislation referenced in the available case record.

Public Elections (Jersey) Law 2002, art. 39A

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.