Jersey Judgment

Young v Att. Gen. [1999] JLR 17 (22 January 1999)

Financial Services Law Criminal Law Fraudulent Inducement Investor Protection Elements of Offence

Citation: [1999] JLR 17
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

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Holding and result

The court held that art. 12(c) does not require proof that the accused intended the false statement to act as an inducement; the statutory language specifies the required mental element and does not imply an additional requirement.

Court disposition

appeal dismissed

Material facts

Parties

Young

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

01
Whether the offence under Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c) requires that the accused intended the false statement to act as an inducement
02
Whether an additional mental element is implied in the statutory offence

Party arguments

Applicant: The applicant argued that the offence under art. 12(c) requires proof that the accused intended the false statement to act as an inducement to investors.
Respondent: The respondent argued that no such additional mental element is required beyond what is specified in the statute.

Court’s reasoning

Legal principles

01
Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c)

No requirement that the accused intended the false statement to act as an inducement under art. 12(c); the statutory offence specifies the necessary intention.

Ratio, limits and disposition

Ratio decidendi

The court held that art. 12(c) does not require proof that the accused intended the false statement to act as an inducement; the statutory language specifies the required mental element and does not imply an additional requirement.

Court disposition

appeal dismissed

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Judgment

[1999] JLR 17

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BAILII >> Databases >> Jersey Law Reports >> Young v Att. Gen. [1999] JLR 17 (22 January 1999) URL: https://www.bailii.org/je/cases/JLR/1999/JLR990017.html Cite as: [1999] JLR 17 [ New search ] [ Help ] Young v Att. Gen. 1999 JLR 17 (22 January 1999) Financial Services - investor protection - fraudulent inducement to investors - elements of offence-fraudulent inducement to take part in arrangement with respect to property-elements of offence under Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c)-no requirement that accused intended false statement to act as inducement-additional mental element not implied in statutory offence already specifying intention required The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1999 JLR 17 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1999/JLR990017.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Investors (Prevention of Fraud) (Jersey) Law 1967, art. 12(c)

Legislation

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