AG v Teixeria 13-Apr-2021 [2021] JRC 103 (13 April 2021)

AG v Teixeria 13-Apr-2021 [2021] JRC 103 (13 April 2021)

On the balance of probabilities, the defendant failed to satisfy the court that the cash seized was not the proceeds of criminal conduct. The evidence, including drug paraphernalia and prior convictions, supported the Crown's case that the cash represented proceeds of drug trafficking. The statutory assumptions under the Proceeds of Crime (Jersey) Law 1999 were applied, and a confiscation order was made for the full realisation figure.

Citation
[2021] JRC 103
Parties
Applicant: Attorney General; Respondent: Teixeria
Jurisdiction
Jersey
Judgment Date
13 April 2021
Procedural Posture
Confiscation Proceedings / Post Sentencing Confiscation Hearing
Outcome
confiscation order granted
Legal Topics
Confiscation Order, Drug Trafficking, Benefit From Criminal Conduct
Criminal Law Proceeds of Crime Confiscation Order Drug Trafficking Benefit From Criminal Conduct

Case Brief

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Parties

Attorney General

Applicant

Teixeria

Respondent

Procedural Posture

Confiscation Proceedings / Post Sentencing Confiscation Hearing

Legal Issues

  1. 1 Whether the cash seized from the defendant's premises was the proceeds of criminal conduct
  2. 2 Quantification of benefit from criminal conduct for the purposes of a confiscation order

Ratio Decidendi

On the balance of probabilities, the defendant failed to satisfy the court that the cash seized was not the proceeds of criminal conduct. The evidence, including drug paraphernalia and prior convictions, supported the Crown's case that the cash represented proceeds of drug trafficking. The statutory assumptions under the Proceeds of Crime (Jersey) Law 1999 were applied, and a confiscation order was made for the full realisation figure.

Court Disposition

confiscation order granted

Orders

  • Confiscation order in the sum of £3,726.68