AG -v- Warren [2013] JRC 224 (19 November 2013)

AG -v- Warren [2013] JRC 224 (19 November 2013)

The prosecution proved, on the balance of probabilities, that the defendant benefited from drug trafficking in the sum of at least £198 million. The defendant failed to discharge the burden to show his realisable assets were less. The court exercised its discretion to make the confiscation order, finding no risk of...

Source-derived case information.

Citation
[2013] JRC 224
Parties
Defendant: Defendant; Applicant: Attorney General
Jurisdiction
Jersey
Judgment Date
19 November 2013
Procedural Posture
Confiscation Order Application Under Drug Trafficking Offences (jersey) Law 1988 / Post Conviction, Sentencing and Confiscation Order Hearing
Outcome
Confiscation order granted against defendant in the sum of £198 million, 28 days to pay, 10 years' imprisonment in default.
Legal Topics
Drug Trafficking, Confiscation Orders, Money Laundering, Burden of Proof, Exercise of Judicial Discretion
Criminal Law Asset Forfeiture Drug Trafficking Confiscation Orders Money Laundering Burden of Proof Exercise of Judicial Discretion

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Parties

Defendant

Defendant

Attorney General

Applicant

Procedural Posture

Confiscation Order Application Under Drug Trafficking Offences (jersey) Law 1988 / Post Conviction, Sentencing and Confiscation Order Hearing

Legal Issues

  1. 1 Has the defendant benefited from drug trafficking?
  2. 2 What is the amount of his benefit?
  3. 3 What sum is recoverable from the defendant?

Ratio Decidendi

The prosecution proved, on the balance of probabilities, that the defendant benefited from drug trafficking in the sum of at least £198 million. The defendant failed to discharge the burden to show his realisable assets were less. The court exercised its discretion to make the confiscation order, finding no risk of serious injustice or disproportionality. The maximum default period of 10 years and 28 days to pay were ordered to secure payment.

Court Disposition

Confiscation order granted against defendant in the sum of £198 million, 28 days to pay, 10 years' imprisonment in default.

Orders

  • Defendant to pay £198 million within 28 days.
  • In default of payment, defendant to serve 10 years' imprisonment.