Warren v Att. Gen. [2014] 1 JLR 383 (27 March 2014)

Warren v Att. Gen. [2014] 1 JLR 383 (27 March 2014)

The court must follow a structured approach in confiscation proceedings, placing the burden on the defendant to prove the recoverable sum is less than the benefit, and exercise discretion to avoid injustice.

Citation
[2014] 1 JLR 383
Parties
Defendant: Warren; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
27 March 2014
Procedural Posture
Criminal / Confiscation Order Application
Outcome
confiscation order considered; discretion to avoid injustice emphasized
Legal Topics
Drug Trafficking, Proceeds of Crime, Confiscation Order
Criminal Law Drug Trafficking Proceeds of Crime Confiscation Order

Case Brief

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Parties

Warren

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Confiscation Order Application

Legal Issues

  1. 1 Whether the defendant benefited from drug trafficking
  2. 2 How to determine the amount of benefit
  3. 3 How to determine the sum recoverable

Ratio Decidendi

The court must follow a structured approach in confiscation proceedings, placing the burden on the defendant to prove the recoverable sum is less than the benefit, and exercise discretion to avoid injustice.

Court Disposition

confiscation order considered; discretion to avoid injustice emphasized