1. JOYCE V.

DIRECTOR OF PUBLIC PROSECUTION

Facts:
Petitioner was born on America in 1906 and at the age of 3 years old, he was brought to
Ireland. In 1921, he came to England where he stayed until 1939. Note, however, that in 1933 he
applied for a British passport describing himself as a British subject by birth, born in Galway. The
purpose of the passport was for a holiday tour throughout Europe. He was then granted the passport
for a period of 5 years which was continually renewed until 1939.

Sometime in 1939, Petitioner left the United Kingdom. He was arrested in 1945 where it
was proven that he had been employed by the German Radio Company of Berlin as an announcer
of English news and he had broadcast propaganda on behalf of the enemy. The passport was not
found in his possession when he has arrested. He was then charged with High Treason by adhering
to the King’s enemy outside the King’s real which is in German realm. This is contrary to Treason
Act 1351. He was convicted of High Treason. Hence, this case.

Issue: Whether or not Joyce (an alien) can be convicted of treason outside the United Kingdom?

Ruling:
Yes. An alien abroad holding a British passport enjoys the protection of the Crown and if
he is adherent to the king’s enemy, he is guilty of treason so long as he has not renounced that
portion.

The capability of a state to prosecute and punish its nationals on the sole basis of their
nationality is based upon loyalty which person charged with the crime owes to the State of which
he is a national. It is now generally accepted that a state may prosecute its nationals for crimes
committed anywhere in the world.

Moreover, the protective principle was accepted by the House as providing substitute basis
for jurisdiction.

Therefore, this appeal was dismissed