AG v Davis [2001] JRC 189 (03 September 2001)
The accused is not entitled to elect trial by jury for statutory offences under Article 17(2) of the Fire Service (Jersey) Law, 1958, even if the offence contains the same ingredients as the common law crime of arson, because the Attorney General has prosecuted as a contravention and established case law provides no right to jury trial for such statutory offences.
- Citation
- [2001] JRC 189
- Parties
- Accused: Kevin Davis; Prosecutor: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 03 September 2001
- Procedural Posture
- Criminal / Pre Trial Application for Jury Trial
- Outcome
- application dismissed
- Legal Topics
- Right to Jury Trial, Statutory Offences, Contraventions, Arson, Malicious Damage
Case Brief
Summary, issues, holding and outcome
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Parties
Kevin Davis
Accused
Attorney General
Prosecutor
Procedural Posture
Criminal / Pre Trial Application for Jury Trial
Legal Issues
- 1 Whether the accused is entitled to elect trial by jury for statutory offences under Article 17(2) of the Fire Service (Jersey) Law, 1958, which contain the same ingredients as the common law offence of arson.
Ratio Decidendi
The accused is not entitled to elect trial by jury for statutory offences under Article 17(2) of the Fire Service (Jersey) Law, 1958, even if the offence contains the same ingredients as the common law crime of arson, because the Attorney General has prosecuted as a contravention and established case law provides no right to jury trial for such statutory offences.
Court Disposition
application dismissed
Orders
- Application for jury trial on counts under Article 17(2) of the Fire Service (Jersey) Law, 1958, is dismissed.
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