AG v Brito [2000] JRC 19 (01 February 2000)

AG v Brito [2000] JRC 19 (01 February 2000)

Miss Brito did not intend to break the law, acted fairly, and did not materially benefit; therefore, an absolute discharge is appropriate despite the technical breach.

Citation
[2000] JRC 19
Parties
Defendant: Miss Brito; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
01 February 2000
Procedural Posture
Criminal Prosecution / Judgment
Outcome
absolute discharge
Legal Topics
Housing Regulations, Lodger Limits, Statutory Interpretation
Criminal Law Housing Law Housing Regulations Lodger Limits Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Brito

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

  1. 1 Whether Miss Brito breached the Housing General Provisions (Jersey) Regulations 1970 by exceeding the permitted number of lodgers
  2. 2 Whether intent or knowledge of the law is relevant to liability under the regulation

Ratio Decidendi

Miss Brito did not intend to break the law, acted fairly, and did not materially benefit; therefore, an absolute discharge is appropriate despite the technical breach.

Court Disposition

absolute discharge

Orders

  • Miss Brito is given an absolute discharge.