Att. Gen. v Gaish [2007] JLR_Note 5 (05 December 2006)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Confiscation Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Court confirmed that confiscation orders for proceeds of drug trafficking are enforceable with imprisonment in default of payment.
Court disposition
confiscation order granted with imprisonment in default of payment
Orders
- confiscation order issued
- imprisonment in default of payment ordered
02
Material facts
Parties
Attorney General
ApplicantGaish
Respondent03
Procedural history
Posture
Criminal / Confiscation Order
04
Questions and positions
Legal issues
- 01
confiscation of proceeds from drug trafficking
- 02
imprisonment in default of payment
Party arguments
- Applicant
- Sought confiscation order for proceeds of drug trafficking and imprisonment in default of payment.
- Respondent
- Opposed confiscation order and imprisonment in default of payment.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal law
Confiscation orders may be imposed for proceeds of drug trafficking, with imprisonment in default of payment.
06
Ratio, limits and disposition
Ratio decidendi
Court confirmed that confiscation orders for proceeds of drug trafficking are enforceable with imprisonment in default of payment.
Court disposition
confiscation order granted with imprisonment in default of payment
- confiscation order issued
- imprisonment in default of payment ordered
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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