Att. Gen. v Ljungman [2014] 2 JLR 1 (26 June 2013)

Att. Gen. v Ljungman [2014] 2 JLR 1 (26 June 2013)

The Attorney General must prove the order is in force, not subject to appeal, and that the subject is aware of the application; the court must independently determine if enforcement would be contrary to the interests of justice, with no burden of proof on either party for this issue.

Citation
[2014] 2 JLR 1
Parties
Applicant: Attorney General; Respondent: Ljungman
Jurisdiction
Jersey
Judgment Date
26 June 2013
Procedural Posture
Criminal Procedure Proceeds of Crime External Confiscation Order Registration / Application for Registration of External Confiscation Order
Outcome
Application for registration considered under statutory requirements; no final outcome stated in summary.
Legal Topics
External Confiscation Orders, Registration of Foreign Orders, Burden of Proof, Interests of Justice
Criminal Law Proceeds of Crime External Confiscation Orders Registration of Foreign Orders Burden of Proof Interests of Justice

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Parties

Attorney General

Applicant

Ljungman

Respondent

Procedural Posture

Criminal Procedure Proceeds of Crime External Confiscation Order Registration / Application for Registration of External Confiscation Order

Legal Issues

  1. 1 What must the Attorney General prove under art. 39(1)(a) and (b) of the Proceeds of Crime (Jersey) Law 1999 for registration of an external confiscation order?
  2. 2 Who bears the burden of proof under art. 39(1)(c) regarding whether enforcement would be contrary to the interests of justice?

Ratio Decidendi

The Attorney General must prove the order is in force, not subject to appeal, and that the subject is aware of the application; the court must independently determine if enforcement would be contrary to the interests of justice, with no burden of proof on either party for this issue.

Court Disposition

Application for registration considered under statutory requirements; no final outcome stated in summary.