AG v O'Connor and Templeton-Brown [2020] JRC 006 (10 January 2020)

AG v O'Connor and Templeton-Brown [2020] JRC 006 (10 January 2020)

Exceptional circumstances justified extending the statutory time limit for confiscation proceedings. O'Connor jointly obtained and controlled the entirety of the drugs and is liable for the full benefit. Templeton-Brown's benefit is limited to the drugs found in his lock-up garage, as there was insufficient evidence of broader involvement.

Citation
[2020] JRC 006
Parties
Applicant: Attorney General; Respondent: John O'Connor; Respondent: Norman Templeton-Brown
Jurisdiction
Jersey
Judgment Date
10 January 2020
Procedural Posture
Confiscation Application / Post Conviction, Sentencing and Confiscation Order Hearing
Outcome
Confiscation orders granted against both respondents.
Legal Topics
Confiscation Orders, Criminal Benefit, Joint Criminal Enterprise, Exceptional Circumstances, Statutory Time Limits
Criminal Law Proceeds of Crime Confiscation Confiscation Orders Criminal Benefit Joint Criminal Enterprise Exceptional Circumstances Statutory Time Limits

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Parties

Attorney General

Applicant

John O'Connor

Respondent

Norman Templeton-Brown

Respondent

Procedural Posture

Confiscation Application / Post Conviction, Sentencing and Confiscation Order Hearing

Legal Issues

  1. 1 Whether the Crown's application for confiscation orders was out of time under Article 6(3) of the Proceeds of Crime (Jersey) Law 1999 and if exceptional circumstances justified an extension; Whether O'Connor and Templeton-Brown obtained benefit from criminal conduct and the extent of such benefit; Whether benefit should be assessed jointly or individually for each defendant

Ratio Decidendi

Exceptional circumstances justified extending the statutory time limit for confiscation proceedings. O'Connor jointly obtained and controlled the entirety of the drugs and is liable for the full benefit. Templeton-Brown's benefit is limited to the drugs found in his lock-up garage, as there was insufficient evidence of broader involvement.

Court Disposition

Confiscation orders granted against both respondents.

Orders

  • Confiscation order against O'Connor in the amount of £429, reflecting available assets but benefit assessed at £507,000.
  • Confiscation order against Templeton-Brown in the amount of £74,674, reflecting available assets but benefit assessed at £79,500.