M, R (on the application of)

M, R (on the application of)

Payments to criminal associates, even if made under threat, are considered gifts and cannot be excluded from realisable property; only the £6,000 paid to the father for mortgage and work and the £3,706.12 shortfall in property sale are accepted as inadequacies for the certificate.

Parties
Applicant: M; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
24 June 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Certificate of inadequacy granted in respect of £6,000 payment to father and £3,706.12 shortfall in property sale; denied for £21,000 paid to criminal associates and £7,500 car sale.
Legal Topics
Certificate of Inadequacy, Realisable Property, Definition of Gift, Drug Trafficking Act 1994
Criminal Law Confiscation Proceedings Certificate of Inadequacy Realisable Property Definition of Gift Drug Trafficking Act 1994

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

M

Applicant

The Queen

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether payments made from sale proceeds constitute gifts under the Drug Trafficking Act 1994
  2. 2 Whether realisable property is inadequate for repayment of the confiscation order
  3. 3 Whether payments made under threat can be excluded from realisable property

Ratio Decidendi

Payments to criminal associates, even if made under threat, are considered gifts and cannot be excluded from realisable property; only the £6,000 paid to the father for mortgage and work and the £3,706.12 shortfall in property sale are accepted as inadequacies for the certificate.

Court Disposition

Certificate of inadequacy granted in respect of £6,000 payment to father and £3,706.12 shortfall in property sale; denied for £21,000 paid to criminal associates and £7,500 car sale.

Orders

  • Certificate of inadequacy issued for £6,000 and £3,706.12 only.
  • Application denied for £21,000 and £7,500 amounts.