Joyce vs. Director of Public Prosecution
Joyce vs. Director of Public Prosecution
Joyce vs. Director of Public Prosecution
Facts:
Mr Joyce was an American citizen born in the United States of America, who had
resided in British territory for about twenty-four years in 1906. On 4 July 1933, he
applied for a British passport describing himself as a British subject by birth for
the purpose of holiday touring in Belgium, France, Germany, Switzerland, Italy
and Austria. On its expiration, he obtained renewals on September 24, 1938 and
on August 24, 1939, granting a period of five years, again describing himself as a
British subject. On his arrest in 1945, After the outbreak of war between Great
Britain and Germany, before the expiration of the validity of the renewed
passport, he was proved to have been employed by the German radio company
and to have delivered from enemy territory broadcast talks in English hostile to
Great Britain. The passport was not found in his possession when he was
arrested. He was charged with High Treason by adhering to the King’s enemies
elsewhere than in the King’s Realm contrary to the Treason Act 1351 for 3
counts and sentenced him to death.
Issue:
Whether or not the petitioner can be convicted of his crimes even he is situated
outside of his country
Ruling:
Yes. An alien abroad holding a British passport enjoys the protection of the
Crown and if he is adherent to the King’s enemies he is guilty of treason. So long
as has not renounced that portion. In his statement, he then renounces such
protection as he would refuse on his own will to return to his country as well as
renouncing his nationality. Furthermore, broadcasting Nazi propaganda from
Germany were harmful to the people and interests of the United Kingdom hence
the states issued a Protective Principle to obtain jurisdiction over his crimes
abroad.