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Jersey Case Law

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Criminal law [2013] JRC 205

AG -v- Warren

AG -v- Warren [2013] JRC 205 (21 October 2013)

The Jersey Royal Court refused to stay confiscation proceedings as an abuse of process, holding that delay, missing evidence, and prior correspondence did not justify a stay.

  • Abuse of process
  • Confiscation proceedings
  • Proceeds of crime
  • Abuse-of-process
  • Confiscation-proceedings
  • Drug-trafficking
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Criminal law

The Attorney General v Natalia Ozga

A 22-year-old first offender received 5½ years for knowingly importing 136.1g of heroin into Jersey, with forfeiture, a nominal confiscation order and a deportation recommendation.

  • Importation of controlled drugs
  • Sentencing
  • Forfeiture and destruction of drugs
  • Confiscation order
  • Deportation recommendation
  • Drug-trafficking
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Criminal law [2004] JRC 218

Representation of AG re Buckley and Munro v

Representation of AG re Buckley and Munro v [2004] JRC 218 (10 December 2004)

The Jersey Royal Court ordered forfeiture of ÂŁ8,980 posted by Buckley and claimed by Munro, finding on the balance of probabilities that the cash was connected to drug trafficking.

  • Forfeiture of cash
  • Proceeds of drug trafficking
  • Burden of proof (civil standard)
  • Forfeiture-of-cash
  • Proceeds-of-crime
  • Drug-trafficking
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Criminal law [2003] JCA 228

Michael O'Brien, Edmond-O'Brien, Dunne, David Lloyd and Carol Llyod -v- AG

Michael O'Brien, Edmond-O'Brien, Dunne, David Lloyd and Carol Llyod -v- AG [2003] JCA 228 (09 December 2003)

The Court of Appeal quashed Mrs O'Brien's conviction because the evidence did not support an inference that she knew of drug proceeds, but upheld Mr Dunne's conviction.

  • Assisting retention of proceeds of drug trafficking
  • Transferring proceeds of criminal conduct
  • Confiscation orders
  • Double jeopardy
  • Plea bargaining
  • Standard of appellate review
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Drug trafficking

The 1988 Law v Smale

The Royal Court issued a certificate under Article 10B(2) and increased Mr Smale’s confiscation order after finding the speedboat was realisable property.

  • Realisable property
  • Confiscation order variation
  • Public interest
  • Realisable assets
  • Article 10b
  • Drug-trafficking
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Criminal law

The Attorney General v Maria Anne Culkin

After a guilty plea to handling drug proceeds, the court imposed 240 hours’ community service rather than custody, stressing the case was wholly exceptional.

  • Proceeds of drug trafficking
  • Community service sentence
  • Guilty plea mitigation
  • Sentencing discretion
  • Drug-trafficking
  • Money-laundering
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.