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Jersey Case Law

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Criminal-law [2022] JRC 240

AG v Nicolle

AG v Nicolle [2022] JRC 240 (07 November 2022)

The court held the defendant remained unfit to stand trial, ordered a trial of the facts, and directed that it be heard before the Inferior Number.

  • Fitness-to-stand-trial
  • Trial-of-the-facts
  • Public-interest
  • Mental-disorder-and-criminal-responsibility
  • Mental-health-law
  • Criminal-procedure
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Criminal-law [2013] JRC 100A

AG -v- Brown

AG -v- Brown [2013] JRC 100A (23 May 2013)

Sentencing judgment in which the court held that the defendant was criminally responsible despite serious mental illness and imposed a total sentence of 2 years and 1 month.

  • Criminal-responsibility
  • Mental-disorder
  • Sentencing
  • Prisoner-treatment
  • Mental-health-law
  • Insanity
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Criminal-law [2010] JLR 256

Att. Gen. v Forno

Att. Gen. v Forno [2010] JLR 256 (11 June 2010)

The court clarified that incitement turns on soliciting or encouraging a criminal act, and that no defence arises because the person incited cannot legally commit the offence.

  • Incitement
  • Definition-of-offence
  • Criminal-responsibility
  • Criminal-law
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Criminal-law [2009] JRC 198

AG v Harding

AG v Harding [2009] JRC 198 (16 October 2009)

The Superior Number of the Royal Court found Miss Harding unfit to plead, applying Jersey’s O'Driscoll test to severe Borderline Personality Disorder.

  • Fitness-to-plead
  • Insanity
  • Criminal-responsibility
  • Mental-disorder
  • Procedure-for-unfit-defendants
  • Unfit-to-plead
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Criminal-law [2001] JRC 35

AG v Prior

AG v Prior [2001] JRC 35 (09 February 2001)

The Royal Court defined insanity under Jersey law, rejecting the McNaghten Rules and adopting a broader test that includes substantial cognitive or volitional impairment.

  • Insanity-defence
  • Criminal-responsibility
  • European-convention-on-human-rights
  • Interpretation-of-'insanity'
  • Mens-rea
  • Volitional-and-cognitive-tests
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Criminal-law [2001] JLR 146

Att. Gen. v Prior

Att. Gen. v Prior [2001] JLR 146 (09 February 2001)

Jersey criminal law case on insanity: the court stated that insanity depends on whether unsoundness of mind affected conduct so the jury thinks the accused should not be responsible.

  • Insanity
  • Burden-of-proof
  • Criminal-responsibility
  • Criminal-law
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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.