Hayes, R v

Hayes, R v

Non-financial contributions by a spouse, such as family services, do not constitute valuable consideration for the purposes of s.78(1) POCA unless objectively evidenced and valued in monetary terms; in this case, the appellant’s transfer of a joint interest in The Old Rectory to his wife, without financial contribution from her, constituted a tainted gift.

Parties
Respondent: R; Appellant: Hayes
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Confiscation Proceedings, Tainted Gifts, Valuable Consideration, Proceeds of Crime Act 2002
Criminal Law Proceeds of Crime Confiscation Proceedings Tainted Gifts Valuable Consideration Proceeds of Crime Act 2002

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

R

Respondent

Hayes

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether acquisition of joint interest in property by spouse constitutes a tainted gift under Proceeds of Crime Act 2002
  2. 2 Whether non-financial family services constitute valuable consideration under s.78(1) POCA

Ratio Decidendi

Non-financial contributions by a spouse, such as family services, do not constitute valuable consideration for the purposes of s.78(1) POCA unless objectively evidenced and valued in monetary terms; in this case, the appellant’s transfer of a joint interest in The Old Rectory to his wife, without financial contribution from her, constituted a tainted gift.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order upheld
  • No change to available amount assessment