R v Jonathan Porter & Anor

R v Jonathan Porter & Anor

The prosecution case was that the cash delivered to ETL was criminal property because it represented a benefit flowing from the earlier criminal evasion of duty, not merely because it was the proceeds of sale of duty-evaded alcohol. There was ample evidence for the jury to be satisfied that the cash represented a benefit from criminal conduct. The particulars of the indictment, even if containing surplusage, did not invalidate the charge.

Parties
Respondent: Rex; Applicant: Jonathan Porter; Applicant: Peter Stanley
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Applications for leave to appeal against conviction dismissed
Legal Topics
Money Laundering, Proceeds of Crime, Evasion of Duty, Appeals, Indictment Particulars
Criminal Law Money Laundering Proceeds of Crime Evasion of Duty Appeals Indictment Particulars

Case Brief

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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 section 328(1) of the Proceeds of Crime Act 2002
  2. 2 Whether the particulars of the indictment disclosed an offence known to law

Ratio Decidendi

The prosecution case was that the cash delivered to ETL was criminal property because it represented a benefit flowing from the earlier criminal evasion of duty, not merely because it was the proceeds of sale of duty-evaded alcohol. There was ample evidence for the jury to be satisfied that the cash represented a benefit from criminal conduct. The particulars of the indictment, even if containing surplusage, did not invalidate the charge.

Court Disposition

Applications for leave to appeal against conviction dismissed