Gross, R. v [2024] EWCA Crim 21 (23 January 2024)

Gross, R. v [2024] EWCA Crim 21 (23 January 2024)

The trial judge's directions on mens rea under sections 328 and 329 of the Proceeds of Crime Act 2002 were correct in law. The prosecution was not required to prove that the appellant knew or suspected the monies derived specifically from the sale of prescription only or counterfeit medicines, only that he knew or suspected the monies were criminal property. The directions did not render the trial unfair or the conviction unsafe.

Citation
[2024] EWCA Crim 21
Parties
Appellant: Jacob Gross; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
23 January 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Money Laundering, Proceeds of Crime Act 2002, Mens Rea, Criminal Property, Jury Directions
Criminal Law Money Laundering Proceeds of Crime Act 2002 Mens Rea Criminal Property Jury Directions

Case Brief

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Parties

Jacob Gross

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the trial judge's directions on mens rea under sections 328 and 329 of the Proceeds of Crime Act 2002 rendered the trial unfair and conviction unsafe
  2. 2 Whether the prosecution was required to prove that the appellant knew or suspected the monies derived specifically from the sale of prescription only medicines or counterfeit medicines

Ratio Decidendi

The trial judge's directions on mens rea under sections 328 and 329 of the Proceeds of Crime Act 2002 were correct in law. The prosecution was not required to prove that the appellant knew or suspected the monies derived specifically from the sale of prescription only or counterfeit medicines, only that he knew or suspected the monies were criminal property. The directions did not render the trial unfair or the conviction unsafe.

Court Disposition

Appeal dismissed; conviction upheld.