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Jersey Case Law

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Extradition [2019] JRC 039

Burdynski v The Republic of Poland

Burdynski v The Republic of Poland [2019] JRC 039 (11 March 2019)

The Royal Court of Jersey dismissed an extradition appeal by a Polish national, finding the offences were extradition offences and that he had deliberately absented himself.

  • Dual criminality
  • Extradition offences
  • Trial in absentia
  • Human rights compatibility
  • International cooperation
  • Extradition
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Criminal law [2015] JRC 186

AG -v- Rosenlund and FNB International Trustees Ltd

AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 186 (09 September 2015)

The Royal Court held that, for registering an external confiscation order, Jersey law is applied as at the date of application, not the date of the conduct.

  • Confiscation orders
  • Retrospective legislation
  • Dual criminality
  • Human rights
  • Enforcement of foreign judgments
  • Confiscation-orders
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Extradition law [2010] JRC 197

De Figueiredo -v- AG and Commonwealth of Australia

De Figueiredo -v- AG and Commonwealth of Australia [2010] JRC 197 (03 November 2010)

The Royal Court of Jersey upheld an extradition order to Australia, finding the specialty arrangements complied with article 32 and rejecting bias and technical objections.

  • Specialty principle
  • Dual criminality
  • Procedural fairness
  • Structural impartiality
  • Admissibility of evidence
  • Interpretation of statutory requirements
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Criminal law [2010] JRC 146

De Figueiredo -v- Commonwealth of Australia

De Figueiredo -v- Commonwealth of Australia [2010] JRC 146 (09 August 2010)

The Royal Court dismissed Philip Eric de Figueiredo’s extradition appeal to Australia, holding the conduct was extraditable, and that no statutory or human-rights bar applied.

  • Dual criminality
  • Tax fraud
  • Money laundering
  • Conspiracy to defraud
  • Bars to extradition
  • Human rights (echr)
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Criminal law [2009] JRC 082

Representation of Kaplan

Representation of Kaplan [2009] JRC 082 (29 April 2009)

The Jersey Royal Court discharged a saisie judiciaire over Gary Kaplan’s assets, finding the order’s continuation disproportionate amid paralysed trust administration and Swiss freezing orders.

  • Proceeds of crime
  • Saisie judiciaire
  • Dual criminality
  • Trust administration
  • Material non-disclosure
  • External confiscation orders
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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.