Jersey Judgment

Jersey Maincrop Mktg. Bd. v De Gruchy [1971] JJ 1819 (23 August 1971)

Agriculture Criminal Law Marketing Schemes Charging of Offences Procedural Fairness

Citation: [1971] JJ 1819
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

More details

Posture: Criminal / Judgment

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Professional case brief

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Source document

Holding and result

A single comprehensive charge lacking detail of separate offences is not adequate; each offence must be charged separately and the accused must be given an opportunity to be heard on each.

Court disposition

single comprehensive charge held inadequate

Material facts

Parties

Jersey Maincrop Marketing Board

Applicant

De Gruchy

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

01
Whether separate offences under agriculture marketing schemes must be charged separately
02
Whether a single comprehensive charge lacking detail of separate offences is adequate

Party arguments

Applicant: The applicant likely argued that a single comprehensive charge was sufficient for prosecution under the marketing scheme.
Respondent: The respondent likely argued that each offence should be charged separately and the accused should be given an opportunity to be heard on each.

Court’s reasoning

Legal principles

01
Jersey Maincrop Mktg. Bd. v De Gruchy [1971] JJ 1819

Separate offences must be charged separately and the offender must be given an opportunity to be heard on each charge.

Ratio, limits and disposition

Ratio decidendi

A single comprehensive charge lacking detail of separate offences is not adequate; each offence must be charged separately and the accused must be given an opportunity to be heard on each.

Court disposition

single comprehensive charge held inadequate

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Source document

Court record

Judgment

[1971] JJ 1819

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BAILII >> Databases >> Jersey Law Reports >> Jersey Maincrop Mktg. Bd. v De Gruchy [1971] JJ 1819 (23 August 1971) URL: https://www.bailii.org/je/cases/JLR/1971/JLR711819.html Cite as: [1971] JJ 1819 [ New search ] [ Help ] Jersey Maincrop Mktg. Bd. v De Gruchy 1971 J. J. 1819 (23 August 1971) Agriculture-marketing schemes-potatoes-offences-separate offences to be charged separately and offender given opportunity to be heard-single comprehensive charge lacking in detail of separate offences not adequate 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: 1971 J. J. 1819 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1971/JLR711819.html

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