In re O'Brien v [2003] JLR 1 (07 January 2003)

In re O'Brien v [2003] JLR 1 (07 January 2003)

Legal costs, living allowance, medical and travel expenses are not automatically available to a defendant under saisie judiciaire; court's discretion is guided primarily by the purpose of recovering proceeds of drug trafficking.

Citation
[2003] JLR 1
Parties
Defendant: O'Brien
Jurisdiction
Jersey
Judgment Date
07 January 2003
Procedural Posture
Criminal / Application for Saisie Judiciaire
Outcome
application refused
Legal Topics
Drug Trafficking, Proceeds of Crime, Saisie Judiciaire
Criminal Law Drug Trafficking Proceeds of Crime Saisie Judiciaire

Case Brief

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Parties

O'Brien

Defendant

Procedural Posture

Criminal / Application for Saisie Judiciaire

Legal Issues

  1. 1 Whether legal costs, living allowance, medical and travel expenses are automatically available to a defendant under saisie judiciaire provisions

Ratio Decidendi

Legal costs, living allowance, medical and travel expenses are not automatically available to a defendant under saisie judiciaire; court's discretion is guided primarily by the purpose of recovering proceeds of drug trafficking.

Court Disposition

application refused

Orders

  • No automatic provision for legal costs, living allowance, medical and travel expenses from seized assets