Lewis v Att. Gen. [2013] 1 JLR 325 (18 April 2013)
- Citation
- [2013] 1 JLR 325
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Jurats were entitled to conclude that inducement of the investor included both oral inducements and the signing of the joint venture agreement, and that these acts constituted 'taking part' in arrangements under the statute.
Court disposition
appeal dismissed
02
Material facts
Parties
Lewis
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
What constitutes 'taking part' in arrangements with respect to property under Investors (Prevention of Fraud) (Jersey) Law 1967, art. 2(c)?
- 02
At what point is the offence of fraudulent inducement complete?
Party arguments
- Applicant
- The acts alleged did not amount to 'taking part' in arrangements as required by the statute, and the offence was not complete at the relevant time.
- Respondent
- Inducement included both oral inducements and the signing of the joint venture agreement, and the offence was complete based on the facts.
05
Court’s reasoning
Legal principles
- 01
Investors (Prevention of Fraud) (Jersey) Law 1967, art. 2(c)
The point of time when the offence of fraudulent inducement is complete depends on the facts of the individual case.
- 02
Investors (Prevention of Fraud) (Jersey) Law 1967, art. 2(c)
'Taking part' can include a wide variety of acts done over a period of time.
06
Ratio, limits and disposition
Ratio decidendi
Jurats were entitled to conclude that inducement of the investor included both oral inducements and the signing of the joint venture agreement, and that these acts constituted 'taking part' in arrangements under the statute.
Court disposition
appeal dismissed
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 >> Lewis v Att. Gen. [2013] 1 JLR 325 (18 April 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR131325.html Cite as: [2013] 1 JLR 325 [ New search ] [ Help ] Lewis v Att. Gen. 2013 (1) JLR 325 (18 April 2013) Financial Services-investor protection-fraudulent inducement to investors-inducement by misleading, false or deceptive statements "to take part" in arrangements with respect to property (Investors (Prevention of Fraud) (Jersey) Law 1967, art. 2(c))-point of time when offence complete depends on facts of individual case-taking part can include wide variety of acts done over period of time-Jurats entitled to conclude that inducement of investor included oral inducements and signing of joint venture agreement 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: 2013 (1) JLR 325 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR131325.html
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