AG v Bowman [2024] JRC 232 (01 November 2024)

AG v Bowman [2024] JRC 232 (01 November 2024)

The Court is required to make a confiscation order in the sum of the defendant's benefit unless satisfied that the amount that might be realised is less; in this case, the amount to be realised is £400, so the order is made in that sum.

Citation
[2024] JRC 232
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
01 November 2024
Procedural Posture
Criminal Confiscation Proceedings / Post Conviction, Confiscation Order Hearing
Outcome
Confiscation order granted in the sum of £400.
Legal Topics
Confiscation Order, Benefit From Criminal Conduct, Drug Importation, Statutory Discretion
Criminal Law Proceeds of Crime Confiscation Order Benefit From Criminal Conduct Drug Importation Statutory Discretion

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Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal Confiscation Proceedings / Post Conviction, Confiscation Order Hearing

Legal Issues

  1. 1 Whether the Court should make a confiscation order and in what amount under the Proceeds of Crime (Jersey) Law 1999

Ratio Decidendi

The Court is required to make a confiscation order in the sum of the defendant's benefit unless satisfied that the amount that might be realised is less; in this case, the amount to be realised is £400, so the order is made in that sum.

Court Disposition

Confiscation order granted in the sum of £400.

Orders

  • Confiscation order in the sum of £400 pursuant to Article 3 and Article 4 of the Proceeds of Crime (Jersey) Law 1999.