Viscount v Christmas [2013] 2 JLR 96 (20 May 2013)

Viscount v Christmas [2013] 2 JLR 96 (20 May 2013)

The Viscount has jurisdiction to enforce the compensation order in the event of default, but enforcement is stayed pending appeal, and funds held as a result of an earlier saisie judiciaire must be returned.

Citation
[2013] 2 JLR 96
Parties
Applicant: Viscount; Respondent: Christmas
Jurisdiction
Jersey
Judgment Date
20 May 2013
Procedural Posture
Criminal / Enforcement of Compensation Order; Pending Appeal
Outcome
Enforcement stayed pending appeal; funds to be returned.
Legal Topics
Compensation Orders, Enforcement, Appeal, Jurisdiction
Criminal Law Procedure Compensation Orders Enforcement Appeal Jurisdiction

Case Brief

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Parties

Viscount

Applicant

Christmas

Respondent

Procedural Posture

Criminal / Enforcement of Compensation Order; Pending Appeal

Legal Issues

  1. 1 Whether the Viscount has jurisdiction to enforce a compensation order under the Criminal Justice (Compensation Orders) (Jersey) Law 1994, art. 5(1)
  2. 2 Whether enforcement is stayed pending appeal under art. 6(5)
  3. 3 Whether funds held by the Viscount as a result of an earlier saisie judiciaire should be returned

Ratio Decidendi

The Viscount has jurisdiction to enforce the compensation order in the event of default, but enforcement is stayed pending appeal, and funds held as a result of an earlier saisie judiciaire must be returned.

Court Disposition

Enforcement stayed pending appeal; funds to be returned.

Orders

  • Enforcement of compensation order stayed pending appeal
  • Funds held by Viscount as a result of earlier saisie judiciaire to be returned