Jersey Judgment

In re Rosenlund [2016] 1 JLR 37 (15 March 2016)

Criminal Law Proceeds of Crime Realisable Property Indirect Gift Trust Transfer

Citation: [2016] 1 JLR 37
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

More details

Posture: Criminal / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that the transfer of trust assets between trustees is not an indirect gift and does not reduce the realisable property for confiscation purposes under the Proceeds of Crime (Jersey) Law 1999.

Court disposition

application dismissed

Material facts

Parties

Rosenlund

Subject

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

Whether transfer of trust from original trustee to new trustee constitutes an indirect gift under the Proceeds of Crime (Jersey) Law 1999

Party arguments

Applicant: Applicant contended that the transfer of trust assets from the original trustee to a new trustee amounted to an indirect gift for the purposes of the Proceeds of Crime (Jersey) Law 1999.
Respondent: Respondent argued that such a transfer is not an indirect gift as it does not diminish the realisable property available for confiscation.

Court’s reasoning

Legal principles

01
Proceeds of Crime (Jersey) Law 1999

A transfer of trust assets from an original trustee to a new trustee does not constitute an indirect gift under the Proceeds of Crime (Jersey) Law 1999.

Ratio, limits and disposition

Ratio decidendi

The court held that the transfer of trust assets between trustees is not an indirect gift and does not reduce the realisable property for confiscation purposes under the Proceeds of Crime (Jersey) Law 1999.

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2016] 1 JLR 37

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Authorities

Authorities used by the court

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

Proceeds of Crime (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

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