AG -v- Gaish 5-Dec-2006 [2006] JRC 180 (05 December 2006)

AG -v- Gaish 5-Dec-2006 [2006] JRC 180 (05 December 2006)

The Court was not satisfied that the defendant purchased the cannabis or that the additional sums were paid out of the proceeds of drug trafficking. The benefit is limited to the admitted sum of £34,470. The default sentence must encourage compliance, and a 2-year term is appropriate.

Citation
[2006] JRC 180
Parties
Applicant: The Crown; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
05 December 2006
Procedural Posture
Confiscation Order Application / Post Conviction
Outcome
Confiscation order granted for £34,470 with 9 months to pay; 2 years' imprisonment in default of payment.
Legal Topics
Drug Trafficking, Confiscation Order, Benefit From Crime, Realisable Property, Default Sentence
Criminal Law Proceeds of Crime Drug Trafficking Confiscation Order Benefit From Crime Realisable Property Default Sentence

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Parties

The Crown

Applicant

Defendant

Respondent

Procedural Posture

Confiscation Order Application / Post Conviction

Legal Issues

  1. 1 Whether the defendant benefited from drug trafficking beyond the admitted sum of £34,470
  2. 2 Whether additional sums related to the cost price of imported cannabis can be treated as proceeds of drug trafficking
  3. 3 Appropriate default sentence for non-payment of confiscation order

Ratio Decidendi

The Court was not satisfied that the defendant purchased the cannabis or that the additional sums were paid out of the proceeds of drug trafficking. The benefit is limited to the admitted sum of £34,470. The default sentence must encourage compliance, and a 2-year term is appropriate.

Court Disposition

Confiscation order granted for £34,470 with 9 months to pay; 2 years' imprisonment in default of payment.

Orders

  • Confiscation order in the sum of £34,470
  • 9 months allowed for payment