Att. Gen. v Ljungman [2014] 2 JLR 1 (26 June 2013)
- Citation
- [2014] 2 JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Procedure Proceeds of Crime External Confiscation Order Registration / Application for Registration of External Confiscation Order
More details
- Posture
- Criminal Procedure Proceeds of Crime External Confiscation Order Registration / Application for Registration of External Confiscation Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Attorney General must prove the order is in force, not subject to appeal, and that the subject is aware of the application; the court must independently determine if enforcement would be contrary to the interests of justice, with no burden of proof on either party for this issue.
Court disposition
Application for registration considered under statutory requirements; no final outcome stated in summary.
02
Material facts
Parties
Attorney General
ApplicantLjungman
Respondent03
Procedural history
Posture
Criminal Procedure Proceeds of Crime External Confiscation Order Registration / Application for Registration of External Confiscation Order
04
Questions and positions
Legal issues
- 01
What must the Attorney General prove under art. 39(1)(a) and (b) of the Proceeds of Crime (Jersey) Law 1999 for registration of an external confiscation order?
- 02
Who bears the burden of proof under art. 39(1)(c) regarding whether enforcement would be contrary to the interests of justice?
Party arguments
- Applicant
- The Attorney General must prove the order is in force, not subject to appeal, and that the subject is aware of the application, even if not present.
- Respondent
- The respondent may argue that enforcement would be contrary to the interests of justice, but neither party bears the burden of proof on this point.
05
Court’s reasoning
Legal principles
- 01
Proceeds of Crime (Jersey) Law 1999, art. 39(1)(a) and (b)
Attorney General must prove matters in art. 39(1)(a) and (b) of the Proceeds of Crime (Jersey) Law 1999.
- 02
Proceeds of Crime (Jersey) Law 1999, art. 39(1)(c)
Court must reach its own decision on art. 39(1)(c) without burden of proof on either party.
06
Ratio, limits and disposition
Ratio decidendi
The Attorney General must prove the order is in force, not subject to appeal, and that the subject is aware of the application; the court must independently determine if enforcement would be contrary to the interests of justice, with no burden of proof on either party for this issue.
Court disposition
Application for registration considered under statutory requirements; no final outcome stated in summary.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Ljungman [2014] 2 JLR 1 (26 June 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR142001.html Cite as: [2014] 2 JLR 1 [ New search ] [ Help ] Att. Gen. v Ljungman 2014 (2) JLR 1 (26 June 2013) Criminal Procedure-proceeds of criminal conduct-external confiscation orders-registration in Jersey-Attorney General to prove matters in modified Proceeds of Crime (Jersey) Law 1999, art. 39(1)(a) and (b), i.e. order in force and not subject to appeal; and subject aware of application even if not present-court to reach own decision on art. 39(1)(c), i.e. whether enforcement of external confiscation order would not be contrary to interests of justice-neither party bears burden of proof on art. 39(1)(c) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR142001.html
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