Robert Tantular v AG 12 Nov 2020 [2020] JCA 234 (12 November 2020)

Robert Tantular v AG 12 Nov 2020 [2020] JCA 234 (12 November 2020)

Article 16(4)(b) of the Modified Law empowers the Royal Court to prohibit specified persons from dealing with realisable property held by them wherever situated, including outside Jersey, as supported by the statutory language, context, and prior Jersey case law.

Citation
[2020] JCA 234
Parties
Appellant: Robert Tantular; Respondent: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
12 November 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Confiscation Orders, Extraterritorial Jurisdiction, Statutory Interpretation

Case Brief

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Parties

Robert Tantular

Appellant

Her Majesty's Attorney General

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the Royal Court of Jersey is empowered to grant a saisie judiciaire prohibiting a specified person from dealing with realisable property held by that person situated outside Jersey under Article 16 of the Proceeds of Crime (Jersey Law) 1999 as modified

Ratio Decidendi

Article 16(4)(b) of the Modified Law empowers the Royal Court to prohibit specified persons from dealing with realisable property held by them wherever situated, including outside Jersey, as supported by the statutory language, context, and prior Jersey case law.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted
  • Royal Court's interpretation of Article 16(4)(b) affirmed