Martins v Att. Gen. [2008] JLR 183 (22 May 2008)
- Citation
- [2008] JLR 183
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the customary law offence of attempt applies to statutory offences, including the offence of attempting to acquire proceeds of drug trafficking under the Drug Trafficking Offences (Jersey) Law 1988, and there is no difference in principle between statutory and customary law offences in this context.
Court disposition
application dismissed
02
Material facts
Parties
Martins
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the customary law offence of attempt applies to statutory offences
- 02
Whether there is a difference in principle between statutory and customary law offences regarding attempts
- 03
Whether it is an offence to attempt to acquire proceeds of drug trafficking under the Drug Trafficking Offences (Jersey) Law 1988
Party arguments
- Applicant
- The applicant contended that the customary law offence of attempt does not apply to statutory offences and that there is a distinction in principle between statutory and customary law offences regarding attempts.
- Respondent
- The respondent argued that the customary law offence of attempt applies equally to statutory offences and that there is no difference in principle between statutory and customary law offences in this regard.
05
Court’s reasoning
Legal principles
- 01
Drug Trafficking Offences (Jersey) Law 1988, art. 1(1)
The customary law offence of attempt applies to statutory as well as customary law offences.
- 02
Drug Trafficking Offences (Jersey) Law 1988, art. 1(1)
There is no difference in principle between statutory and customary law offences regarding attempts.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the customary law offence of attempt applies to statutory offences, including the offence of attempting to acquire proceeds of drug trafficking under the Drug Trafficking Offences (Jersey) Law 1988, and there is no difference in principle between statutory and customary law offences in this context.
Court disposition
application 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
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Martins v Att. Gen. [2008] JLR 183 (22 May 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080183.html Cite as: [2008] JLR 183 [ New search ] [ Help ] Martins v Att. Gen. 2008 JLR 183 (22 May 2008) Criminal Law-attempts-attempt to commit statutory offence-customary law offence of attempt (and other inchoate offences) applies to statutory as well as customary law offences-no difference in principle between statutory and customary law offences-Drug Trafficking Offences (Jersey) Law 1988, art. 1(1) recognizes customary offence of attempt-offence to attempt to acquire proceeds of drug trafficking, contrary to art. 38(1) 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: 2008 JLR 183 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080183.html
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.