AG -v- Gomes and Ors [2008] JRC 012A (28 January 2008)

AG -v- Gomes and Ors [2008] JRC 012A (28 January 2008)

The court determined the benefit obtained by each defendant and imposed confiscation orders accordingly, with imprisonment in default for non-payment.

Citation
[2008] JRC 012A
Parties
Defendant: Maria Mendes; Defendant: Joao Mendes; Defendant: Tania Gomes
Jurisdiction
Jersey
Judgment Date
28 January 2008
Procedural Posture
Criminal Confiscation Proceedings / Final Judgment
Outcome
Confiscation orders granted as specified; imprisonment in default for Maria Mendes.
Legal Topics
Confiscation Order, Benefit Declaration, Imprisonment in Default
Criminal Law Confiscation Order Benefit Declaration Imprisonment in Default

Case Brief

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Parties

Maria Mendes

Defendant

Joao Mendes

Defendant

Tania Gomes

Defendant

Procedural Posture

Criminal Confiscation Proceedings / Final Judgment

Legal Issues

  1. 1 Determination of benefit from criminal conduct
  2. 2 Appropriate confiscation order
  3. 3 Imprisonment in default of payment

Ratio Decidendi

The court determined the benefit obtained by each defendant and imposed confiscation orders accordingly, with imprisonment in default for non-payment.

Court Disposition

Confiscation orders granted as specified; imprisonment in default for Maria Mendes.

Orders

  • Declaration of benefit of £1,039 and confiscation order of £1,000 for Maria Mendes, six months to pay, 28 days imprisonment in default, consecutive to current sentence.
  • Declaration of benefit of £20,228.40 and nominal confiscation order of £1 for Joao Mendes.