Martins v Att. Gen. [2008] JLR 183 (22 May 2008)

Martins v Att. Gen. [2008] JLR 183 (22 May 2008)

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.

Citation
[2008] JLR 183
Parties
Applicant: Martins; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
22 May 2008
Procedural Posture
Criminal / Judgment
Outcome
application dismissed
Legal Topics
Attempts, Statutory Offences, Customary Law Offences, Drug Trafficking
Criminal Law Attempts Statutory Offences Customary Law Offences Drug Trafficking

Case Brief

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Parties

Martins

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the customary law offence of attempt applies to statutory offences
  2. 2 Whether there is a difference in principle between statutory and customary law offences regarding attempts
  3. 3 Whether it is an offence to attempt to acquire proceeds of drug trafficking under the Drug Trafficking Offences (Jersey) Law 1988

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