CPS Nottinghamshire v Rose

CPS Nottinghamshire v Rose

Stolen goods acquired by a thief or handler are 'criminal property' under s.329(1)(a) of the Proceeds of Crime Act 2002 because the thief obtains a right to possession, which is an 'interest' under s.340(10). For confiscation, the benefit is the market value of the property at the time it was obtained, regardless of whether it was restored to the owner. The appropriateness of charging money laundering offences for simple theft or handling is a matter for prosecutorial discretion, but the statutory regime applies as enacted.

Parties
Appellant: CPS Nottinghamshire; Respondent: Kevin Rose; Applicant: The Queen; Respondent: Gareth Lee Whitwam
Jurisdiction
England and Wales
Judgment Date
21 February 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Confiscation Order
Outcome
Appeal allowed in part; application for leave to appeal refused; confiscation order varied
Legal Topics
Proceeds of Crime Act 2002, Money Laundering, Confiscation Orders, Valuation of Criminal Property, Theft and Handling Stolen Goods
Criminal Law Proceeds of Crime Act 2002 Money Laundering Confiscation Orders Valuation of Criminal Property Theft and Handling Stolen Goods

Case Brief

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Parties

CPS Nottinghamshire

Appellant

Kevin Rose

Respondent

The Queen

Applicant

Gareth Lee Whitwam

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Confiscation Order

Legal Issues

  1. 1 Whether stolen goods acquired by a thief or handler are 'criminal property' under s.329(1)(a) Proceeds of Crime Act 2002
  2. 2 How criminal property is to be valued for confiscation under the Act
  3. 3 Appropriateness of charging money laundering offences for conduct amounting to theft or handling

Ratio Decidendi

Stolen goods acquired by a thief or handler are 'criminal property' under s.329(1)(a) of the Proceeds of Crime Act 2002 because the thief obtains a right to possession, which is an 'interest' under s.340(10). For confiscation, the benefit is the market value of the property at the time it was obtained, regardless of whether it was restored to the owner. The appropriateness of charging money laundering offences for simple theft or handling is a matter for prosecutorial discretion, but the statutory regime applies as enacted.

Court Disposition

Appeal allowed in part; application for leave to appeal refused; confiscation order varied

Orders

  • Whitwam's application for leave to appeal against conviction is refused.
  • Crown's appeal in Rose's case is allowed; confiscation order increased to £27,272.50.