Att. Gen. v Harris [2004] JLR 399 (02 November 2004)

The court held that while the statutory assumptions under art. 4(3) apply, double counting of income and expenditure must be avoided when calculating the amount liable to confiscation.

Citation: [2004] JLR 399
Parties: Applicant: Attorney General; Respondent: Harris
Jurisdiction: Jersey
Judgment Date: 02 November 2004
Procedural Posture: Criminal / Confiscation Order Application
Outcome: confiscation order granted with adjustments to avoid double counting
Legal Topics: Drug Trafficking, Proceeds of Crime, Confiscation Order

Criminal Law Drug Trafficking Proceeds of Crime Confiscation Order

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Harris

Respondent

Procedural Posture

Criminal / Confiscation Order Application

Legal Issues

1 Whether offender's income and expenditure prior to conviction should be assumed to be proceeds of drug trafficking under Drug Trafficking Offences (Jersey) Law 1988, art. 4(3)
2 Whether double counting of income and expenditure should be avoided in confiscation proceedings

Ratio Decidendi

The court held that while the statutory assumptions under art. 4(3) apply, double counting of income and expenditure must be avoided when calculating the amount liable to confiscation.

Court Disposition

confiscation order granted with adjustments to avoid double counting

Orders

Confiscation order made under Drug Trafficking Offences (Jersey) Law 1988, art. 4(3)
Adjustments to avoid double counting of income and expenditure