AG -v- Michel [2008] JRC 072A (07 May 2008)

AG -v- Michel [2008] JRC 072A (07 May 2008)

Mr Michel is ordered to pay the lesser of £1,400,000 plus interest accruing on assets held by the Viscount from 7 May 2008 until the confiscation order is discharged in full, or 80% of the overall costs of the investigation and second trial as taxed or agreed, as he has sufficient assets to pay and the order is proportionate to the offences and costs incurred.

Citation
[2008] JRC 072A
Parties
Defendant: Mr Michel; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 May 2008
Procedural Posture
Criminal / Post Conviction Costs Application
Outcome
Costs order granted against Mr Michel as specified.
Legal Topics
Confiscation Orders, Costs Orders, Asset Forfeiture
Criminal Law Financial Crime Confiscation Orders Costs Orders Asset Forfeiture

Case Brief

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Parties

Mr Michel

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Post Conviction Costs Application

Legal Issues

  1. 1 Whether a costs order should be made against Mr Michel following conviction and confiscation proceedings
  2. 2 Whether the existence of confiscation funds creates an improper incentive for prosecution authorities
  3. 3 Whether the defendant's means and the proportionality of costs orders should affect the quantum of the order

Ratio Decidendi

Mr Michel is ordered to pay the lesser of £1,400,000 plus interest accruing on assets held by the Viscount from 7 May 2008 until the confiscation order is discharged in full, or 80% of the overall costs of the investigation and second trial as taxed or agreed, as he has sufficient assets to pay and the order is proportionate to the offences and costs incurred.

Court Disposition

Costs order granted against Mr Michel as specified.

Orders

  • Mr Michel shall pay the lesser of £1,400,000 plus interest accruing on assets held by the Viscount from 7 May 2008 until the confiscation order is discharged in full, or 80% of the overall costs of the investigation and second trial as taxed or agreed.