(Court of Appeal of Jersey) The appellant had been convicted of laundering the proceeds of her husband’s drug trafficking. The Attorney-General now appealed against her successful appeal on sentence and confiscation order. Both she and her husband ran legitimate businesses, and she managed the bank accounts. Though the income from the husband’s business increased rapidly, the prosecution’s accountant accepted that she might have believed this was a legitimate improvement in his business. This did not apply to payments into personal accounts, which involved many cash deposits.
Held: The Court of Appeal had been wrong to re-assess the factual basis of the evidence supporting the orders, and had erred in its calculations. The original orders were restored.
Judges:
Lord Hoffmann, Lord Woolf, Lord Steyn, Baroness Hale of Richmond, Lord Mance
Citations:
[2006] UKPC 14, [2006] 1 WLR 1485
Links:
Statutes:
Drug Trafficking Offences (Jersey) Law 1988 17(1)(a)
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Hopkins-Husson 1949
Lord Goddard C discussed the ability of the criminal court of appeal to set aside a conviction in exceptional cases where the verdict was ‘one which no reasonable tribunal could have found.’ He said: ‘[T]he fact that some members or all the members . .
Cited – Barlow Clowes International Ltd and Another v Eurotrust International Ltd and others PC 10-Oct-2005
(Court of Appeal of the Isle of Man) Defendants appealed a finding of dishonest assistance in the activities of Barlow Clowes.
Held: The judge had been able to reach the conclusions on the basis of the evidence. The appeal of the deemster . .
Cited – Snooks and Dowse v United Kingdom ECHR 2002
The court described the way that a Jersey Jurat was selected: ‘Jurats are . . elected by a special electoral college whose members include the bailiff, the jurats, advocates and solicitors of the Royal Court and members of Jersey’s legislature, the . .
Cited – Aladesuru v The Queen PC 1956
Directors of the Standard Bank in Nigeria appealed from a conviction for false accounting. They had appealed to the West African Court of Appeal who said referring to the difference between civil and criminal appeals: ‘This difference has been . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 16 August 2022; Ref: scu.239585