Jersey Judgment

AG v Pearce [2021] JRC 182 (05 July 2021)

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Research organized from the available case record

Source document

01

Holding and result

The Court agreed with the Crown's conclusions, sentencing the defendant to 7½ years' imprisonment on each of counts 10, 11, and 12 to run concurrently, and found exceptional circumstances warranting adjournment of confiscation proceedings.

Court disposition

Defendant sentenced to 7½ years' imprisonment on each of counts 10, 11, and 12 to run concurrently; confiscation proceedings adjourned.

Orders

  • Defendant sentenced to 7½ years' imprisonment on counts 10, 11, and 12 to run concurrently.
  • Attorney General's application for confiscation adjourned for a date to be fixed.
  • Parties directed to attend Bailiff's judicial secretary to fix date.
  • Viscount may seek input from Thaddeus Pearce on third party claims.

02

Material facts

Parties

Attorney General

Applicant Counsel: Jones

Defendant

Respondent

Amounts and remedies

  • Imprisonment Term: 7.5

03

Procedural history

  1. Posture

    Criminal / Sentencing and Confiscation Proceedings

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown submitted that the defendant should be sentenced and that exceptional circumstances warrant adjournment of confiscation proceedings.
Respondent
The defendant represented himself and made submissions opposing the Crown's conclusions.

05

Court’s reasoning

  1. 01

    AG v Bhojwani [2011] JCA 034

    Exceptional circumstances may warrant adjournment of confiscation proceedings.

  2. 02

    AG v Michel [2007] JRC 120

    Sentences for multiple counts may run concurrently.

06

Ratio, limits and disposition

Ratio decidendi

The Court agreed with the Crown's conclusions, sentencing the defendant to 7½ years' imprisonment on each of counts 10, 11, and 12 to run concurrently, and found exceptional circumstances warranting adjournment of confiscation proceedings.

Obiter and limits

  • The Viscount may seek input from the defendant's brother, Thaddeus Pearce, regarding third party claims in the inventory.

Court disposition

Defendant sentenced to 7½ years' imprisonment on each of counts 10, 11, and 12 to run concurrently; confiscation proceedings adjourned.

  • Defendant sentenced to 7½ years' imprisonment on counts 10, 11, and 12 to run concurrently.
  • Attorney General's application for confiscation adjourned for a date to be fixed.
  • Parties directed to attend Bailiff's judicial secretary to fix date.
  • Viscount may seek input from Thaddeus Pearce on third party claims.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2021] JRC 182

JUDGMENT THE COMMISSIONER: 1. The Court has considered the submissions made by the defendant representing himself and by Advocate Jones who has stayed on in Court to assist for which we are grateful. In the light of those arguments we are going to set out our reasons in a written judgment which will follow shortly, but we can say that after careful consideration we agree with the conclusions of the Crown.

2. On each of Counts 10, 11 and 12 you are sentenced to 7½ years' imprisonment to run concurrently. That is a total of 7½ years' imprisonment.

3. In terms of the confiscation proceedings we agree that there are exceptional circumstances here warranting an adjournment of the Attorney General's application and that will therefore be adjourned for a date to be fixed and we direct the parties to attend upon the Bailiff's judicial secretary to fix that date.

4. We leave it to the Viscount as to whether she wishes to get the input of the defendant's brother, Thaddeus Pearce, on the third part claims set out in the inventory prepared by the Viscount. Authorities AG v Bhojwani [2011] JCA 034 Rae v AG [2017] JCA 197 Hagin v AG [2020] JCA 247 AG v Michel [2007] JRC 120 AG v Bhojwani [2010] JRC 116 AG v Goodwin [2016] JRC 165 AG v Fish and Hinds [2016] JRC 181A AG v Brennan [2016] JRC 234 AG v Rae and Spinola [2017] JRC 080 AG v Hagin [2020] JRC 176 AG v Thurban et Ors [2020] JRC 191A AG v Thurban et Ors [2020] JRC 212 Page Last Updated: 02 Aug 2021 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG v Bhojwani [2011] JCA 034

Case cited

Rae v AG [2017] JCA 197

Case cited

Hagin v AG [2020] JCA 247

Case cited

AG v Michel [2007] JRC 120

Case cited

AG v Bhojwani [2010] JRC 116

Case cited

AG v Goodwin [2016] JRC 165

Case cited

AG v Fish and Hinds [2016] JRC 181A

Case cited

AG v Brennan [2016] JRC 234

Case cited

AG v Rae and Spinola [2017] JRC 080

Case cited

AG v Hagin [2020] JRC 176

Case cited

AG v Thurban et Ors [2020] JRC 191A

Case cited

AG v Thurban et Ors [2020] JRC 212

Case cited

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