Knapp v Att. Gen. [2011] JLR 399 (24 June 2011)
- Citation
- [2011] JLR 399
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Appeal / Appellate
More details
- Posture
- Appeal / Appellate
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Royal Court's function on appeal is limited to reviewing whether the Magistrate's decision was reasonable and proportionate on the evidence, unless procedural defects or new evidence require a rehearing.
02
Material facts
Parties
Knapp
AppellantAttorney General
Respondent03
Procedural history
Posture
Appeal / Appellate
04
Questions and positions
Legal issues
- 01
Whether the Magistrate's order for destruction of a dog under the Dogs (Jersey) Law 1961, art. 11(1)(b) was reasonable and proportionate on the evidence
- 02
Scope of Royal Court's review on appeal against destruction order
Party arguments
- Applicant
- The order for destruction was not justified on the evidence and/or was disproportionate.
- Respondent
- The Magistrate properly concluded the dog was dangerous or not under proper control and the destruction order was proportionate.
05
Court’s reasoning
Legal principles
- 01
Dogs (Jersey) Law 1961, art. 11(1)(b)
On appeal against an order under Dogs (Jersey) Law 1961, art. 11(1)(b) that a dog be destroyed, the Royal Court normally considers only whether there was evidence from which the Magistrate could reasonably and properly conclude the dog was dangerous or not under proper control, and whether the order was proportionate.
- 02
Dogs (Jersey) Law 1961, art. 11(1)(b)
If there are procedural defects in the Magistrate's Court or further evidence is to be admitted, the Royal Court will decide the matter afresh.
06
Ratio, limits and disposition
Ratio decidendi
The Royal Court's function on appeal is limited to reviewing whether the Magistrate's decision was reasonable and proportionate on the evidence, unless procedural defects or new evidence require a rehearing.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Knapp v Att. Gen. [2011] JLR 399 (24 June 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110399.html Cite as: [2011] JLR 399 [ New search ] [ Help ] Knapp v Att. Gen. 2011 JLR 399 (24 June 2011) Animals-dogs-dangerous dogs-destruction-test on appeal-on appeal against order under Dogs (Jersey) Law 1961, art. 11(1)(b) that dog be destroyed, Royal Court normally to consider only whether evidence from which Magistrate could reasonably and properly conclude dog dangerous or not under proper control, and whether order proportionate-if procedural defects in Magistrate's Court or further evidence to be admitted, Royal Court will decide matter afresh 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 399 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110399.html
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