AG -v- X [2014] JRC 088 (02 April 2014)

AG -v- X [2014] JRC 088 (02 April 2014)

The offence of gross indecency in Jersey law is committed if the defendant deliberately commits an act in circumstances which right-thinking members of the public would regard as grossly indecent, knowing it was grossly indecent or being reckless as to that possibility; proof of motive or sexual satisfaction is not required.

Citation
[2014] JRC 088
Parties
Defendant: Unknown Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
02 April 2014
Procedural Posture
Criminal / Submission of No Case to Answer
Outcome
Submission of no case to answer rejected; case to proceed to Jury.
Legal Topics
Gross Indecency, Mens Rea, Strict Liability, Indecency With Children
Criminal Law Gross Indecency Mens Rea Strict Liability Indecency With Children

Case Brief

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Parties

Unknown Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Submission of No Case to Answer

Legal Issues

  1. 1 Whether the offence of gross indecency requires proof of motive or sexual satisfaction
  2. 2 Whether there is a case to answer based on the evidence

Ratio Decidendi

The offence of gross indecency in Jersey law is committed if the defendant deliberately commits an act in circumstances which right-thinking members of the public would regard as grossly indecent, knowing it was grossly indecent or being reckless as to that possibility; proof of motive or sexual satisfaction is not required.

Court Disposition

Submission of no case to answer rejected; case to proceed to Jury.