AG v Simon [2019] JRC 050 (27 March 2019)

AG v Simon [2019] JRC 050 (27 March 2019)

The Court held that the benefit figure for confiscation purposes includes the street value of all drugs seized, cash, unexplained deposits, and assets, calculated on the basis of gross receipts (turnover) from drug sales, not profit. The statutory assumptions were not rebutted by the defendant's evidence, and the regime is intentionally severe to remove proceeds of crime.

Citation
[2019] JRC 050
Parties
Applicant: Attorney General; Defendant: Simon
Jurisdiction
Jersey
Judgment Date
27 March 2019
Procedural Posture
Criminal Confiscation Proceedings / Post Conviction, Confiscation Order Determination
Outcome
confiscation order granted
Legal Topics
Confiscation Order, Benefit Calculation, Drug Trafficking, Asset Forfeiture
Criminal Law Proceeds of Crime Drug Offences Confiscation Order Benefit Calculation Drug Trafficking Asset Forfeiture

Case Brief

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Parties

Attorney General

Applicant

Simon

Defendant

Procedural Posture

Criminal Confiscation Proceedings / Post Conviction, Confiscation Order Determination

Legal Issues

  1. 1 Whether the value of seized drugs should be included in the benefit figure for confiscation purposes
  2. 2 Whether benefit should be calculated on gross receipts (turnover) or profit
  3. 3 Whether the defendant rebutted statutory assumptions regarding the origin of assets

Ratio Decidendi

The Court held that the benefit figure for confiscation purposes includes the street value of all drugs seized, cash, unexplained deposits, and assets, calculated on the basis of gross receipts (turnover) from drug sales, not profit. The statutory assumptions were not rebutted by the defendant's evidence, and the regime is intentionally severe to remove proceeds of crime.

Court Disposition

confiscation order granted

Orders

  • Confiscation order made in the sum of £113,084.98 against the defendant.