The 1988 Law v Smale [2003] JRC 099A (19 June 2003)

The 1988 Law v Smale [2003] JRC 099A (19 June 2003)

The Court determined that the speedboat was realisable property and that the public interest in confiscating assets outweighed the defendant's reliance on the prosecutorial error. The confiscation order was increased accordingly.

Citation
[2003] JRC 099A
Parties
Defendant: Philip Stuart Smale; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
19 June 2003
Procedural Posture
Criminal / Application to Vary Confiscation Order
Outcome
confiscation order increased
Legal Topics
Drug Trafficking, Confiscation Orders, Realisable Property
Criminal Law Drug Trafficking Confiscation Orders Realisable Property

Case Brief

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Parties

Philip Stuart Smale

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Application to Vary Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order should be increased to include the speedboat as realisable property
  2. 2 Whether the Court should exercise its discretion to vary the confiscation order after a prosecutorial error

Ratio Decidendi

The Court determined that the speedboat was realisable property and that the public interest in confiscating assets outweighed the defendant's reliance on the prosecutorial error. The confiscation order was increased accordingly.

Court Disposition

confiscation order increased

Orders

  • Confiscation order increased to £8,863.34
  • Viscount authorised to realise the speedboat in satisfaction of the order