AG v O'Connor and Ors [2007] JRC 054 (28 February 2007)

AG v O'Connor and Ors [2007] JRC 054 (28 February 2007)

Confiscation orders are justified based on civil standard of proof, legal possession/control, and apportionment of benefit among principal organisers; objections by O'Connor and Smitton are rejected as unsupported by evidence.

Source-derived case information.

Citation
[2007] JRC 054
Parties
Applicant: Attorney General; Respondent: O'Connor; Respondent: Smitton; Respondent: Courval; Respondent: Heskin; Respondent: Le Geyt
Jurisdiction
Jersey
Judgment Date
28 February 2007
Procedural Posture
Confiscation Order Application / Post Conviction Sentencing
Outcome
Confiscation orders granted as sought by Attorney General.
Legal Topics
Drug Trafficking, Confiscation Orders, Standard of Proof, Benefit Assessment
Criminal Law Drug Trafficking Confiscation Orders Standard of Proof Benefit Assessment

Source-derived case record

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Parties

Attorney General

Applicant

O'Connor

Respondent

Smitton

Respondent

Courval

Respondent

Heskin

Respondent

Le Geyt

Respondent

Procedural Posture

Confiscation Order Application / Post Conviction Sentencing

Legal Issues

  1. 1 Whether confiscation orders should be made against defendants for proceeds of drug trafficking
  2. 2 Appropriate standard of proof for benefit determination under Drug Trafficking Offences (Jersey) Law 1988
  3. 3 Apportionment of benefit among organisers and lesser participants

Ratio Decidendi

Confiscation orders are justified based on civil standard of proof, legal possession/control, and apportionment of benefit among principal organisers; objections by O'Connor and Smitton are rejected as unsupported by evidence.

Court Disposition

Confiscation orders granted as sought by Attorney General.

Orders

  • Courval: confiscation order £11,156
  • Heskin: confiscation order £1