Porter & Anor, R. v [2023] EWCA Crim 1485 (14 December 2023)

Porter & Anor, R. v [2023] EWCA Crim 1485 (14 December 2023)

The cash delivered to ETL was criminal property because it represented a benefit from the criminal conduct of alcohol duty evasion, and there was sufficient evidence for the jury to be satisfied of this. The particulars of the indictment, even if including Mr Porter as a beneficiary, did not invalidate the charge as the substance of the case was clear and the words were surplusage.

Citation
[2023] EWCA Crim 1485
Parties
Respondent: Rex; Applicant: Jonathan Porter; Applicant: Peter Stanley
Jurisdiction
England and Wales
Judgment Date
14 December 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Applications dismissed
Legal Topics
Money Laundering, Proceeds of Crime, Appeals, Predicate Offence, Indictment Particulars
Criminal Law Money Laundering Proceeds of Crime Appeals Predicate Offence Indictment Particulars

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Parties

Rex

Respondent

Jonathan Porter

Applicant

Peter Stanley

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence that the cash delivered to ETL was criminal property under s.328(1) Proceeds of Crime Act 2002
  2. 2 Whether the particulars of the indictment disclosed an offence known to law under s.328(1) POCA

Ratio Decidendi

The cash delivered to ETL was criminal property because it represented a benefit from the criminal conduct of alcohol duty evasion, and there was sufficient evidence for the jury to be satisfied of this. The particulars of the indictment, even if including Mr Porter as a beneficiary, did not invalidate the charge as the substance of the case was clear and the words were surplusage.

Court Disposition

Applications dismissed

Orders

  • Renewed applications for leave to appeal against conviction are dismissed.