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Criminal law [2014] JRC 088

AG -v- X

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

The Jersey Royal Court held that gross indecency is not a strict liability offence and that motive or sexual satisfaction need not be proved. The no-case submission was rejected.

  • Gross indecency
  • Mens rea
  • Strict liability
  • Indecency with children
  • Criminal-law
  • Gross-indecency
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Criminal law [2010] JRC 047

AG -v- Jackson

AG -v- Jackson [2010] JRC 047 (01 March 2010)

The court held that Article 8(3) of the Medicines (Jersey) Law 1995 is not strict liability: the prosecution must prove the defendant knew he was importing something into Jersey.

  • Strict liability
  • Mens rea
  • Importation of medicinal products
  • Statutory interpretation
  • Mens-rea
  • Strict-liability
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Criminal law [2008] JRC 054

Burnett v AG

Burnett v AG [2008] JRC 054 (04 April 2008)

The court held that speeding under Jersey law is a strict liability offence and that Article 6(2) ECHR does not require mens rea. The appeal was dismissed.

  • Strict liability
  • Speeding offences
  • Traffic signage
  • Presumption of innocence
  • European convention on human rights
  • Strict-liability
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Criminal law [2008] JLR 117

Burnett v Att. Gen.

Burnett v Att. Gen. [2008] JLR 117 (04 April 2008)

The court held that speeding under the Road Traffic (Speed Limits) (Jersey) Order 2003 is a strict liability offence, displacing the presumption of mens rea.

  • Strict liability
  • Speeding offences
  • Mens rea
  • Strict-liability
  • Speeding-offences
  • Mens-rea
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Criminal law [2006] JRC 148

AG -v- Barbelenet and Lefilleul 20-Oct-2006

AG -v- Barbelenet and Lefilleul 20-Oct-2006 [2006] JRC 148 (20 October 2006)

The Jersey Royal Court fined two defendants for taking over 1,000 undersized spider crabs and ordered confiscation of the fishing gear, stressing deterrence and strict liability.

  • Conservation regulations
  • Strict liability
  • Illegal fishing
  • Sentencing
  • Fisheries-law
  • Criminal-sentencing
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Environmental law [2005] JRC 020

AG v Environment and Public Services

AG v Environment and Public Services [2005] JRC 020 (25 February 2005)

Sentencing judgment in a Jersey environmental prosecution over sewerage pollution caused by a blocked sewer. The court imposed a reduced fine after weighing mitigating factors.

  • Pollution
  • Sewerage
  • Strict liability
  • Sentencing
  • Public health
  • Environmental-law
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Civil procedure [2004] JLR 494

Taylor v States Police

Taylor v States Police [2004] JLR 494 (06 December 2004)

Breach of an undertaking to the court was held to be contempt regardless of intention, though punishment may be inappropriate if the breach was unintentional, minor, and non-prejudicial.

  • Undertaking to court
  • Breach of undertaking
  • Contempt of court
  • Strict liability
  • Civil-procedure
  • Contempt-of-court
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Criminal law [1998] UR 169

1998/169 - AG v Biard

1998/169 - AG v Biard [1998] UR 169 (7 August 1998)

The Jersey Royal Court sentenced Daniel Maurice Alexandre Biard for fishing within the exclusive three-mile limit, reducing penalty in light of a guilty plea, cooperation, and hardship.

  • Strict liability
  • Illegal fishing
  • Territorial waters
  • Sentencing
  • Mitigation
  • Strict-liability
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Criminal law [1991] JLR 346

Att. Gen's Ref. v

Att. Gen's Ref. v [1991] JLR 346 (04 December 1991)

The court held that offences under article 14(1)(c) and (d) of the Housing (Jersey) Law 1949 are not strict liability offences and require a mental element.

  • Strict liability
  • Housing offences
  • Interpretation of 'device, plan or scheme'
  • Strict-liability
  • Housing-law
  • Criminal-law
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Criminal law [1990] JLR 11

Att. Gen. v Arthur

Att. Gen. v Arthur [1990] JLR 11 (16 January 1990)

The court held that an offence under article 14(1)(d) of the Housing (Jersey) Law 1949 is not one of strict liability, so intent or knowledge is required.

  • Strict liability
  • Housing offences
  • Statutory interpretation
  • Strict-liability
  • Housing-offences
  • Statutory-interpretation
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.