Knapp v Att. Gen. [2011] JLR 399 (24 June 2011)

Knapp v Att. Gen. [2011] JLR 399 (24 June 2011)

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.

Citation
[2011] JLR 399
Parties
Appellant: Knapp; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
24 June 2011
Procedural Posture
Appeal / Appellate
Legal Topics
Dangerous Dogs, Destruction Orders, Appeal Procedure
Criminal Law Animal Law Dangerous Dogs Destruction Orders Appeal Procedure

Case Brief

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Parties

Knapp

Appellant

Attorney General

Respondent

Procedural Posture

Appeal / Appellate

Legal Issues

  1. 1 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
  2. 2 Scope of Royal Court's review on appeal against destruction order

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.