Crown Prosecution Service v C & Anor

Crown Prosecution Service v C & Anor

On the balance of probabilities, the Defendant was and remains the true owner of 100% of the equity in 61 St. Mary’s Way, Hucknall. The purported sales were a sham to conceal the Defendant’s ownership and defeat the confiscation order.

Parties
Prosecutor: The Crown Prosecution Service; Defendant: ‘C’; Interested Party: Edward Rooney
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Application for Appointment of Receiver in Confiscation Proceedings / Judgment After Contested Application
Outcome
Application granted
Legal Topics
Confiscation Order, Beneficial Ownership, Appointment of Receiver, Sham Transactions
Criminal Law Proceeds of Crime Property Law Confiscation Order Beneficial Ownership Appointment of Receiver Sham Transactions

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Parties

The Crown Prosecution Service

Prosecutor

‘C’

Defendant

Edward Rooney

Interested Party

Procedural Posture

Application for Appointment of Receiver in Confiscation Proceedings / Judgment After Contested Application

Legal Issues

  1. 1 Whether Edward Rooney is the beneficial owner of 61 St. Mary’s Way, Hucknall
  2. 2 Whether the transfer of legal ownership was a sham to defeat confiscation proceedings

Ratio Decidendi

On the balance of probabilities, the Defendant was and remains the true owner of 100% of the equity in 61 St. Mary’s Way, Hucknall. The purported sales were a sham to conceal the Defendant’s ownership and defeat the confiscation order.

Court Disposition

Application granted

Orders

  • Receiver appointed to sell 61 St. Mary’s Way, Hucknall, in part satisfaction of the confiscation order