In re Tantular [2015] 1 JLR 97 (17 December 2014)
- Citation
- [2015] 1 JLR 97
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Interlocutory
More details
- Posture
- Criminal / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.
Court disposition
Second saisie judiciaire maintained; not an abuse of process.
02
Material facts
Parties
Tantular
Defendant03
Procedural history
Posture
Criminal / Interlocutory
04
Questions and positions
Legal issues
Whether maintaining a second saisie judiciaire over the same defendant's assets based on separate foreign criminal proceedings constitutes an abuse of process
Party arguments
- Applicant
- The second saisie judiciaire is an abuse of process as it restrains the same assets as the first saisie, and the authorities should have been aware of the separate conduct when obtaining the first saisie.
- Respondent
- The second saisie is not an abuse of process as it is based on separate foreign criminal proceedings concerning different conduct, and there is a strong public interest in depriving criminals of the proceeds of crime.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure
A saisie judiciaire is an interlocutory step and not an abuse of process when based on separate criminal proceedings concerning different conduct.
06
Ratio, limits and disposition
Ratio decidendi
It is not an abuse of process to maintain a second saisie judiciaire restraining the same defendant's assets when the second is based on separate foreign criminal proceedings concerning different conduct.
Obiter and limits
- Authorities should have been aware of the separate conduct when the first saisie was obtained.
- There is a strong public interest in depriving criminals of the proceeds of crime.
Court disposition
Second saisie judiciaire maintained; not an abuse of process.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Tantular [2015] 1 JLR 97 (17 December 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151097.html Cite as: [2015] 1 JLR 97 [ New search ] [ Help ] In re Tantular 2015 (1) JLR 97 (17 December 2014) Criminal Procedure-proceeds of criminal conduct-saisie judiciaire-not abuse of process to maintain second saisie judiciaire restraining Jersey assets of same defendant as first saisie but based on separate foreign criminal proceedings concerning different conduct (of which authorities should have been aware when first saisie obtained)-saisie mere interlocutory step-strong public interest in depriving criminals of proceeds of crime 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 (1) JLR 97 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR151097.html
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