AG v Arthur 12-Sep-2019 [2019] JRC 175 (12 September 2019)

AG v Arthur 12-Sep-2019 [2019] JRC 175 (12 September 2019)

It is disproportionate to make confiscation or compensation orders for amounts already settled with Faircliff; only compensation for Victim 3 and confiscation for Library Place are appropriate, adjusted for inflation.

Citation
[2019] JRC 175
Parties
Defendant: Richard David Arthur; Prosecutor: Attorney General; Representor: Pamela Arthur; Representor: Maureen Brunker; Representor: Katherine Arthur
Jurisdiction
Jersey
Judgment Date
12 September 2019
Procedural Posture
Criminal / Post Conviction Confiscation and Compensation Orders
Outcome
Confiscation and compensation orders granted in part; balance of assets released for enforcement of representors' judgments.
Legal Topics
Confiscation Orders, Compensation Orders, Fraud, Proportionality, Double Recovery, Victim Compensation
Criminal Law Proceeds of Crime Compensation Confiscation Orders Compensation Orders Fraud Proportionality Double Recovery +1 more

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Parties

Richard David Arthur

Defendant

Attorney General

Prosecutor

Pamela Arthur

Representor

Maureen Brunker

Representor

Katherine Arthur

Representor

Procedural Posture

Criminal / Post Conviction Confiscation and Compensation Orders

Legal Issues

  1. 1 Whether confiscation and compensation orders should be made against the defendant post-conviction for fraud.
  2. 2 Whether compensation orders should be made to victims and representors.
  3. 3 Whether double recovery or disproportionate penalties arise from orders relating to Faircliff Property Limited.

Ratio Decidendi

It is disproportionate to make confiscation or compensation orders for amounts already settled with Faircliff; only compensation for Victim 3 and confiscation for Library Place are appropriate, adjusted for inflation.

Court Disposition

Confiscation and compensation orders granted in part; balance of assets released for enforcement of representors' judgments.

Orders

  • Declare defendant benefited £2,967,370.79.
  • Confiscation order £43,816.98 (Library Place).