AG v Jeanne and Timms [2024] JRC 081 (10 April 2024)

AG v Jeanne and Timms [2024] JRC 081 (10 April 2024)

Co-owners are joined as parties for this case only to protect their interests; 12 months is a reasonable period to pay confiscation orders with liberty to apply; default sentences are imposed—3.5 years for Mr Jeanne, 2 years for Mr Timms—reflecting their respective culpability; costs order of £10,000 is made against Mr Timms only, as he has assets to pay, but not against Mr Jeanne; confiscation and compensation orders are made in agreed sums.

Citation
[2024] JRC 081
Parties
Defendant: Mr Jeanne; Defendant: Mr Timms; Compensation Recipient: Jersey Mutual; Prosecutor: Prosecution; Interested Parties: Co-owners of Mr Timms' property
Jurisdiction
Jersey
Judgment Date
10 April 2024
Procedural Posture
Confiscation Proceedings / Ruling on Confiscation, Compensation, Costs, and Default Sentences
Outcome
Confiscation orders, compensation orders, and costs order (against Mr Timms) granted; default sentences imposed; co-owners joined as parties.
Legal Topics
Confiscation Orders, Compensation Orders, Default Sentences, Costs Orders, Joinder of Parties
Criminal Law Proceeds of Crime Confiscation Confiscation Orders Compensation Orders Default Sentences Costs Orders Joinder of Parties

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Parties

Mr Jeanne

Defendant

Mr Timms

Defendant

Jersey Mutual

Compensation Recipient

Prosecution

Prosecutor

Co-owners of Mr Timms' property

Interested Parties

Procedural Posture

Confiscation Proceedings / Ruling on Confiscation, Compensation, Costs, and Default Sentences

Legal Issues

  1. 1 Whether to add co-owners as parties to the proceedings
  2. 2 Appropriate period for payment of confiscation orders
  3. 3 Imposition and length of default sentences for non-payment

Ratio Decidendi

Co-owners are joined as parties for this case only to protect their interests; 12 months is a reasonable period to pay confiscation orders with liberty to apply; default sentences are imposed—3.5 years for Mr Jeanne, 2 years for Mr Timms—reflecting their respective culpability; costs order of £10,000 is made against Mr Timms only, as he has assets to pay, but not against Mr Jeanne; confiscation and compensation orders are made in agreed sums.

Court Disposition

Confiscation orders, compensation orders, and costs order (against Mr Timms) granted; default sentences imposed; co-owners joined as parties.

Orders

  • Joinder of co-owners as parties to proceedings
  • Confiscation order against Mr Jeanne for £511,323.06, payable within 12 months