Hamilton v Att. Gen. [2010] JLR 313 (21 July 2010)
- Citation
- [2010] JLR 313
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A guilty verdict is consistent with a finding that the accused believed he was importing either drugs or drug money; simple importation of money is not prohibited, but importation with knowledge or belief of its connection to drug trafficking is.
Court disposition
appeal dismissed
02
Material facts
Parties
Hamilton
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
What constitutes the requisite mens rea for being knowingly concerned in the importation of prohibited goods under the Customs and Excise (Jersey) Law 1999, art. 61(2)(b)?
- 02
Is a guilty verdict valid if the accused believed he was importing either drugs or drug money?
Party arguments
- Applicant
- The accused did not know or believe he was importing controlled drugs, and a mistake as to the type of goods should negate mens rea.
- Respondent
- Mens rea is satisfied if the accused knew or believed he was importing controlled drugs or money to be used for drug trafficking or as proceeds of drug trafficking, regardless of a mistake as to the type.
05
Court’s reasoning
Legal principles
- 01
Customs and Excise (Jersey) Law 1999, art. 61(2)(b)
Mens rea is satisfied if the accused knew or believed he was importing controlled drugs or money to be used for drug trafficking or as proceeds of drug trafficking, even if mistaken as to the type.
06
Ratio, limits and disposition
Ratio decidendi
A guilty verdict is consistent with a finding that the accused believed he was importing either drugs or drug money; simple importation of money is not prohibited, but importation with knowledge or belief of its connection to drug trafficking is.
Court disposition
appeal dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Hamilton v Att. Gen. [2010] JLR 313 (21 July 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100313.html Cite as: [2010] JLR 313 [ New search ] [ Help ] Hamilton v Att. Gen. 2010 JLR 313 (21 July 2010) Criminal Law-drugs-importation-knowingly concerned in importation of prohibited goods, contrary to Customs and Excise (Jersey) Law 1999, art. 61(2)(b)-mens rea satisfied if accused knew or believed importing controlled drugs (even if mistake as to type), or money to be used for drug trafficking or proceeds of drug trafficking-simple importation of money not prohibited-trial not unfair if guilty verdict consistent with finding that accused believed importing either drugs or drug money The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2010 JLR 313 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100313.html
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