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Jersey Case Law

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Criminal law [2023] JRC 199

AG v Pearce

AG v Pearce [2023] JRC 199 (26 October 2023)

The Royal Court granted a confiscation order after finding Darius Pearce benefited from money laundering conduct and rejecting his claim that JOT shares were held on trust.

  • Confiscation order
  • Benefit from criminal conduct
  • Realisable assets
  • Trust law
  • Piercing corporate veil
  • Confiscation-order
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Criminal law

The Attorney General v Darius James Pearce

The Royal Court sentenced Darius James Pearce to 7½ years for three money laundering counts linked to a commercial drug enterprise, and adjourned confiscation proceedings.

  • Converting criminal property proceeds
  • Sentencing principles for laundering
  • Predicate drug offences
  • Mitigation
  • Adjournment of confiscation proceedings
  • Money-laundering
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Criminal law [2018] JRC 230

AG v Manning

AG v Manning [2018] JRC 230 (12 December 2018)

A Jersey solicitor was sentenced for fraudulent conversion and a money-laundering offence committed in breach of trust. The Royal Court imposed 3½ years' imprisonment concurrent, with 8 months concurrent on the laundering count.

  • Fraudulent conversion
  • Breach of trust
  • Money laundering
  • Sentencing guidelines
  • Sentencing
  • Fraudulent-conversion
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Criminal law [2016] JRC 048A

AG -v- Windward Trading Limited

AG -v- Windward Trading Limited [2016] JRC 048A (24 February 2016)

The Jersey Royal Court made confiscation orders against a company that pleaded guilty to money laundering, finding it had benefitted from criminal conduct.

  • Money laundering
  • Confiscation order
  • Proceeds of crime
  • Corporate liability
  • Money-laundering
  • Confiscation-order
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Criminal law [2015] JRC 230

Barclays Wealth Directors (Jersey) Ltd and Barclays Wealth Corporate -v- AG

Barclays Wealth Directors (Jersey) Ltd and Barclays Wealth Corporate -v- AG [2015] JRC 230 (16 November 2015)

The Jersey Royal Court adjourned an application about funding Windward Trading Limited’s defence, directing a formal legal aid approach and considering use of seized assets only if necessary.

  • Money laundering
  • Corporate criminal liability
  • Legal aid
  • Saisie judiciaire
  • Fair trial rights
  • Money-laundering
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Criminal law [2008] JCA 188

AG -v- Bhojwani

AG -v- Bhojwani [2008] JCA 188 (06 November 2008)

The Court of Appeal held that misconduct in a public office is an offence known to Jersey customary law and that Article 34(1) of the 1999 Law has a subjective purpose element.

  • Misconduct in public office
  • Predicate offences
  • Purpose element
  • Money laundering
  • Burden of proof
  • Particularisation
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Criminal law [2008] JRC 130

AG v Bhojwani

AG v Bhojwani [2008] JRC 130 (12 August 2008)

The Jersey Royal Court held that misconduct in public office is not a Jersey customary law offence, but the Article 34(1) purpose element is subjective.

  • Misconduct in public office
  • Proceeds of crime
  • Extraterritoriality
  • Mens rea
  • Predicate offences
  • Misconduct-in-public-office
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Criminal law [2008] JRC 068

Gichuru v Walbrook

Gichuru v Walbrook [2008] JRC 068 (25 April 2008)

The court discharged the Chief Officer from proceedings arising from an SAR freeze, holding the dispute was between the customer and the bank, with the customer bearing the burden of proof.

  • Suspicious activity reports
  • Informal asset freezing
  • Burden of proof
  • Role of police in civil proceedings
  • Judicial review
  • Private law actions
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Criminal law [2007] JRC 203

AG -v- Michel

AG -v- Michel [2007] JRC 203 (19 October 2007)

Post-conviction confiscation proceedings in which the Royal Court of Jersey ordered Peter Michel to pay ÂŁ9,730,152, finding he benefited from money laundering.

  • Confiscation orders
  • Benefit from criminal conduct
  • Realisable assets
  • Discretion in confiscation
  • Statutory assumptions
  • Confiscation-orders
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Criminal law

Nicholas John Macdonald Bell and Caversham Fiduciary Services Ltd and Caversham Trustees Limited -v- The Attorney General

The Court of Appeal held that anti-money-laundering identification procedures had to be maintained in proper working order for the relevant transaction, and dismissed the appeals.

  • Failure to maintain identification procedures
  • Business relationship with third party
  • Interpretation of statutory maintenance requirement
  • Presumption of innocence and legal burden
  • Money-laundering
  • Financial-regulation
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