Jersey Unreported Judgments

[2008]JRC012A

ROYAL COURT

(Samedi Division)

28^th January 2008

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, Le Breton, Allo, King, Le Cornu and Newcombe.

The Attorney General

-v-

Vitoriano Sousa Gomes

Maria Celeste Mendes

Joao Flavio Gomes Mendes

Tania Maria Gomes

Confiscation Hearing by the Superior Number of the Royal Court after conviction and sentence.

Maria Celeste Mendes

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) 1999.

Conclusions:

Benefit £ 1,000 money gram.

Realisable assets of £1,039.

Article 3 confiscation order of £1,000.

6 months to pay the order or 28 days imprisonment in default.

Sentence and Observations of Court:

Conclusions granted.

Joao Flavio Gomes Mendes

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) 1999.

Conclusions:

Benefit £20,228.40.

No assets.

Confiscation nominal amount of £1.

Sentence and Observations of Court:

Conclusions granted.

Tania Maria Gomes

2 count of:

Supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978 .

Conclusions:

Benefit £ 1,000.

Realisable assets £850 car.

Confiscation order of £850 - Viscount has the car and there is a saisie in place.

Sentence and Observations of Court:

Conclusions granted.

Vitoriano Sousa Gomes

Confiscation hearing adjourned for this defendant as per [2008]JRC012.

S. M. Baker, Esq., Crown Advocate.

Advocate D. J. Hopwood for V.S. Gomes.

Advocate D. E. Le Cornu for J.F.G. Mendes.

Advocate E. J. Le Guillou for M.C. Mendes.

Advocate M. J. Haines for T.M. Gomes.

JUDGMENT

THE DEPUTY BAILIFF:

1.        The Court makes, in relation to Maria Mendes, a declaration of benefit of £1,039, and a confiscation order in the sum of £1,000.  Six months to pay and there is a 28 day imprisonment in default, consecutive to the sentence she is currently serving.  In other words if she does not pay the £1,000 in six months she will serve an extra 28 days in prison.

2.        In relation to Joao Mendes the benefit is declared at £20,228.40 but a nominal order of £1 confiscation is made.

3.        In relation to Tania Gomes a declaration of benefit of £1,000 is made with a confiscation order of £850.

No Authorities