Hamilton v Att. Gen. [2010] JLR 313 (21 July 2010)

Hamilton v Att. Gen. [2010] JLR 313 (21 July 2010)

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.

Citation
[2010] JLR 313
Parties
Applicant: Hamilton; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
21 July 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Importation of Prohibited Goods, Mens Rea, Drug Trafficking, Customs and Excise (jersey) Law 1999
Criminal Law Importation of Prohibited Goods Mens Rea Drug Trafficking Customs and Excise (jersey) Law 1999

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Parties

Hamilton

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 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)?
  2. 2 Is a guilty verdict valid if the accused believed he was importing either drugs or drug money?

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