AG v Harris and Ors [2004] JRC 192 (02 November 2004)

AG v Harris and Ors [2004] JRC 192 (02 November 2004)

The Court found, on the balance of probabilities and in the absence of rebuttal evidence, that both the £1,300 received and the £1,753.35 expended were proceeds of drug trafficking and not double counted, justifying a confiscation order in the aggregate sum.

Citation
[2004] JRC 192
Parties
Defendant: Harris; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
02 November 2004
Procedural Posture
Confiscation Proceedings / Post Conviction Judgment
Outcome
confiscation order granted
Legal Topics
Drug Trafficking, Confiscation Order, Proceeds of Crime
Criminal Law Drug Trafficking Confiscation Order Proceeds of Crime

Case Brief

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Parties

Harris

Defendant

Attorney General

Prosecutor

Procedural Posture

Confiscation Proceedings / Post Conviction Judgment

Legal Issues

  1. 1 Whether the defendant benefitted from drug trafficking and the amount to be confiscated
  2. 2 Whether double counting occurred in the calculation of proceeds

Ratio Decidendi

The Court found, on the balance of probabilities and in the absence of rebuttal evidence, that both the £1,300 received and the £1,753.35 expended were proceeds of drug trafficking and not double counted, justifying a confiscation order in the aggregate sum.

Court Disposition

confiscation order granted

Orders

  • Confiscation order in the sum of £3,053.35 against Harris