AG v Lumb [2021] JRC 185 (07 July 2021)
The court found the defendant's explanations unpersuasive and unsupported by evidence, and held that the statutory assumptions under Article 5 should not be disapplied. Accordingly, the defendant was found to have benefitted from drug trafficking in the sum of £40,256.30 and a confiscation order was made for £401.30.
- Citation
- [2021] JRC 185
- Parties
- Applicant: Attorney General; Defendant: David Lumb
- Jurisdiction
- Jersey
- Judgment Date
- 07 July 2021
- Procedural Posture
- Confiscation Application / Post Conviction, Sentencing Adjournment
- Outcome
- confiscation order granted
- Legal Topics
- Confiscation Order, Drug Trafficking, Benefit From Criminal Conduct, Application of Statutory Assumptions
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
David Lumb
Defendant
Procedural Posture
Confiscation Application / Post Conviction, Sentencing Adjournment
Legal Issues
- 1 Whether the defendant benefitted from drug trafficking within the meaning of the Proceeds of Crime (Jersey) Law 1999
- 2 Whether the statutory assumptions under Article 5 should be applied or disapplied
Ratio Decidendi
The court found the defendant's explanations unpersuasive and unsupported by evidence, and held that the statutory assumptions under Article 5 should not be disapplied. Accordingly, the defendant was found to have benefitted from drug trafficking in the sum of £40,256.30 and a confiscation order was made for £401.30.
Court Disposition
confiscation order granted
Orders
- Declaration that the defendant benefitted from drug trafficking in the sum of £40,256.30
- Confiscation order in the sum of £401.30
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