AG -v- De la Haye [2010] JRC 005 (12 January 2010)

AG -v- De la Haye [2010] JRC 005 (12 January 2010)

Jersey law remains aligned with English law; recklessness is sufficient mens rea for grave and criminal assault, and it is not an abuse of process to charge such offences in this case.

Citation
[2010] JRC 005
Parties
Defendant: Miss De La Haye; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
12 January 2010
Procedural Posture
Criminal / Sentencing and Ruling on Legal Arguments
Outcome
Defence arguments rejected; defendant sentenced on all counts.
Legal Topics
Dangerous Driving, Grave and Criminal Assault, Recklessness, Abuse of Process
Criminal Law Road Traffic Law Dangerous Driving Grave and Criminal Assault Recklessness Abuse of Process

Case Brief

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Parties

Miss De La Haye

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing and Ruling on Legal Arguments

Legal Issues

  1. 1 Whether recklessness is sufficient mens rea for grave and criminal assault under Jersey law
  2. 2 Whether charging grave and criminal assault in a road traffic context is an abuse of process

Ratio Decidendi

Jersey law remains aligned with English law; recklessness is sufficient mens rea for grave and criminal assault, and it is not an abuse of process to charge such offences in this case.

Court Disposition

Defence arguments rejected; defendant sentenced on all counts.

Orders

  • Count 2: 5 months imprisonment and 12 months disqualification
  • Count 3: 21 months imprisonment and 5 years disqualification