AG -v- Da Silva [2008] JRC 033 (03 March 2008)

AG -v- Da Silva [2008] JRC 033 (03 March 2008)

The Court retains jurisdiction to make a confiscation order despite the expiry of the six-month period without consideration of exceptional circumstances, as the legislative intent and public interest in confiscation outweigh procedural defects, and the delay was minimal and justified.

Citation
[2008] JRC 033
Parties
Applicant: Attorney General; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
03 March 2008
Procedural Posture
Criminal / Post Conviction Confiscation Order Application
Outcome
Application adjourned; Court retains jurisdiction to consider confiscation order.
Legal Topics
Confiscation Order, Statutory Time Limits, Jurisdiction, Drug Trafficking
Criminal Law Proceeds of Crime Confiscation Order Statutory Time Limits Jurisdiction Drug Trafficking

Case Brief

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Parties

Attorney General

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Post Conviction Confiscation Order Application

Legal Issues

  1. 1 Whether the Court retains jurisdiction to make a confiscation order after expiry of the six-month statutory period without consideration of exceptional circumstances
  2. 2 Whether the Court should exercise its discretion to proceed with confiscation despite procedural delay

Ratio Decidendi

The Court retains jurisdiction to make a confiscation order despite the expiry of the six-month period without consideration of exceptional circumstances, as the legislative intent and public interest in confiscation outweigh procedural defects, and the delay was minimal and justified.

Court Disposition

Application adjourned; Court retains jurisdiction to consider confiscation order.

Orders

  • Case adjourned to 5th March for consideration of confiscation order.