Bobette Smalling v Dawn Satterswaite and others (Jamaica)

Bobette Smalling v Dawn Satterswaite and others (Jamaica)

A search and seizure warrant issued under section 115 of POCA may authorise the search for and seizure of information or material that came into existence prior to 30 May 2007, provided there are reasonable grounds for believing that such material is likely to be of substantial value to the investigation of offences...

Source-derived case information.

Parties
Appellant: Bobette Smalling; 1st Respondent: Dawn Satterswaite; 2nd Respondent: Janet Ramsay; 3rd Respondent: Paulette Higgins
Jurisdiction
England and Wales
Judgment Date
17 November 2022
Procedural Posture
Appeal / Final Appellate Judgment (privy Council)
Outcome
appeal allowed
Legal Topics
Search and Seizure Warrants, Legal Professional Privilege, Statutory Interpretation, Transitional Provisions, Money Laundering Investigations
Criminal Law Proceeds of Crime Money Laundering Search and Seizure Search and Seizure Warrants Legal Professional Privilege Statutory Interpretation Transitional Provisions +1 more

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Parties

Bobette Smalling

Appellant

Dawn Satterswaite

1st Respondent

Janet Ramsay

2nd Respondent

Paulette Higgins

3rd Respondent

Procedural Posture

Appeal / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether a search and seizure warrant issued under section 115 of the Jamaican Proceeds of Crime Act 2007 (POCA) for investigating criminal conduct occurring on or after 30 May 2007 can authorise the search for and seizure of information or material that came into existence prior to 30 May 2007.

Ratio Decidendi

A search and seizure warrant issued under section 115 of POCA may authorise the search for and seizure of information or material that came into existence prior to 30 May 2007, provided there are reasonable grounds for believing that such material is likely to be of substantial value to the investigation of offences under POCA. There is no statutory restriction limiting the scope of material to post-2007 documents if they are relevant to the investigation.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed. The order of the Court of Appeal is set aside. The search and seizure warrant under POCA may cover material predating 30 May 2007 if relevant to the investigation.