AG -v- Gomes [2008] JRC 012 (25 January 2008)
The delay and/or failure of the Madeiran authorities to respond to enquiries constitutes exceptional circumstances justifying an extension of the six-month period for confiscation proceedings.
- Citation
- [2008] JRC 012
- Parties
- Defence Counsel: Mr Hopwood; Prosecution: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 25 January 2008
- Procedural Posture
- Criminal / Interlocutory Application for Postponement
- Outcome
- adjournment granted
- Legal Topics
- Drug Trafficking, Confiscation Orders, Adjournment, Exceptional Circumstances
Case Brief
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Parties
Mr Hopwood
Defence Counsel
Attorney General
Prosecution
Procedural Posture
Criminal / Interlocutory Application for Postponement
Legal Issues
- 1 Whether there are exceptional circumstances under Article 4(3) of the Drug Trafficking Offences (Jersey) Law 1988 to justify postponing confiscation proceedings beyond six months.
Ratio Decidendi
The delay and/or failure of the Madeiran authorities to respond to enquiries constitutes exceptional circumstances justifying an extension of the six-month period for confiscation proceedings.
Court Disposition
adjournment granted
Orders
- Matter adjourned to 3rd and 4th April.
- Liberty to apply for directions or further rulings.
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