Jersey Judgment

In re Rosenlund [2015] 2 JLR 29 (09 September 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Jersey law as at the time of application governs whether overseas conduct is 'criminal conduct' for the purpose of registering an external confiscation order, and applying the amended penalty provision is not contrary to the presumption against retrospectivity or ECHR Article 7.

Court disposition

application granted

Orders

  • external confiscation order registered in Jersey

02

Material facts

Parties

Rosenlund

Respondent

03

Procedural history

  1. Posture

    Criminal / Application to Register External Confiscation Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The overseas conduct corresponds to a Jersey offence punishable by one or more years' imprisonment as at the time of application, justifying registration of the external confiscation order.
Respondent
The law and penalty applicable should be that in force at the time of the offence, and applying a later, harsher penalty is contrary to the presumption against retrospectivity and ECHR Article 7.

05

Court’s reasoning

  1. 01

    Income Tax (Jersey) Law 1961, art. 137 (as amended in 2009)

    Jersey law as at the time of application to register the external confiscation order applies to the transposed overseas conduct, not the law at the time of the offence.

  2. 02

    ECHR Article 7

    This approach is not contrary to the presumption against retrospectivity nor does it impose a heavier penalty contrary to ECHR Article 7.

06

Ratio, limits and disposition

Ratio decidendi

Jersey law as at the time of application governs whether overseas conduct is 'criminal conduct' for the purpose of registering an external confiscation order, and applying the amended penalty provision is not contrary to the presumption against retrospectivity or ECHR Article 7.

Court disposition

application granted

  • external confiscation order registered in Jersey

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2015] 2 JLR 29

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BAILII >> Databases >> Jersey Law Reports >> In re Rosenlund [2015] 2 JLR 29 (09 September 2015) URL: https://www.bailii.org/je/cases/JLR/2015/JLR152029.html Cite as: [2015] 2 JLR 29 [ New search ] [ Help ] In re Rosenlund 2015 (2) JLR 29 (09 September 2015) Criminal Procedure-proceeds of criminal conduct-external confiscation orders-registration in Jersey-when considering whether overseas conduct is "criminal conduct" for purpose of enforcement in Jersey of external confiscation order (i.e. corresponds to Schedule 1 offence (i.e. Jersey offence with sentence of 1 or more years' imprisonment)), Jersey law applied to transposed overseas conduct as at time of application to register external confiscation order, not at time of offence-not contrary to presumption against retrospectivity nor imposition of heavier penalty contrary to ECHR, art. 7-Income Tax (Jersey) Law 1961, art. 137 (as amended in 2009, providing penalty of 15 years' imprisonment) applied to consideration of respondent's overseas tax fraud in 1997-2006 (when art. 137 provided only for fine) 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: 2015 (2) JLR 29 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2015/JLR152029.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Income Tax (Jersey) Law 1961, art. 137

Legislation

Legislation referenced in the available case record.

ECHR Article 7

Legislation

Legislation referenced in the available case record.

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