Att. Gen. v Smith [2004] JLR 346 (23 September 2004)

Att. Gen. v Smith [2004] JLR 346 (23 September 2004)

A confiscation order may be made in respect of post-Law offences despite the inclusion of pre-Law offences in the same indictment; there is no need to sever the indictment.

Citation
[2004] JLR 346
Parties
Applicant: Attorney General; Respondent: Smith
Jurisdiction
Jersey
Judgment Date
23 September 2004
Procedural Posture
Criminal / Confiscation Order Application
Outcome
confiscation order permitted for post-Law offences
Legal Topics
Proceeds of Crime, Confiscation Orders, Interpretation of 'proceedings'
Criminal Law Proceeds of Crime Confiscation Orders Interpretation of 'proceedings'

Case Brief

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Parties

Attorney General

Applicant

Smith

Respondent

Procedural Posture

Criminal / Confiscation Order Application

Legal Issues

  1. 1 Whether 'proceedings' in Proceeds of Crime (Jersey) Law 1999, art. 3(2) refers to separate proceedings for each offence charged in indictment
  2. 2 Whether confiscation order can be made in respect of post-Law offences when indictment includes pre-Law offences
  3. 3 Whether severance of indictment is necessary

Ratio Decidendi

A confiscation order may be made in respect of post-Law offences despite the inclusion of pre-Law offences in the same indictment; there is no need to sever the indictment.

Court Disposition

confiscation order permitted for post-Law offences

Orders

  • No severance of indictment required
  • Confiscation order may be made for post-Law offences