AG v Martins and Others [2007] JRC 207 (09 November 2007)

AG v Martins and Others [2007] JRC 207 (09 November 2007)

The indictment is not defective; Jersey customary law recognises the offence of attempting to acquire the proceeds of drug trafficking, and the defendants are to be tried before the Inferior Number.

Citation
[2007] JRC 207
Parties
Accused: Fabio Andre Fernandes Martins; Accused: Claudio Rodrigues de Freitas; Accused: Joao Carlos Ornelas Martins; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
09 November 2007
Procedural Posture
Criminal / Preliminary Hearing on a Point of Law
Outcome
preliminary objection dismissed
Legal Topics
Drug Trafficking, Inchoate Offences, Attempt, Statutory Interpretation
Criminal Law Drug Trafficking Inchoate Offences Attempt Statutory Interpretation

Case Brief

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Parties

Fabio Andre Fernandes Martins

Accused

Claudio Rodrigues de Freitas

Accused

Joao Carlos Ornelas Martins

Accused

Attorney General

Prosecutor

Procedural Posture

Criminal / Preliminary Hearing on a Point of Law

Legal Issues

  1. 1 Whether the indictment is defective for omitting the knowledge element required by Article 38(1) of the Drug Trafficking Offences (Jersey) Law 1988
  2. 2 Whether there is an offence in Jersey law of attempting to commit the offence created in Article 38(1)

Ratio Decidendi

The indictment is not defective; Jersey customary law recognises the offence of attempting to acquire the proceeds of drug trafficking, and the defendants are to be tried before the Inferior Number.

Court Disposition

preliminary objection dismissed

Orders

  • Defendants to be tried before the Inferior Number