Heron, R v [2014] EWCA Crim 925 (11 April 2014)

Heron, R v [2014] EWCA Crim 925 (11 April 2014)

The application for extension of time and permission to appeal is refused as wholly without merit because the order of 9 December 2011 expressly granted enforcement powers over the property, and any appeal should have been brought within 14 days of that order. The gifts to the applicant were properly found to be...

Source-derived case information.

Citation
[2014] EWCA Crim 925
Parties
Respondent: Regina; Applicant: Mandy Heron
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Criminal Appeal / Application for Extension of Time and Permission to Appeal
Outcome
applications refused
Legal Topics
Confiscation Order, Tainted Gifts, Enforcement of Confiscation, Extension of Time, Judicial Review
Criminal Law Proceeds of Crime Confiscation Order Tainted Gifts Enforcement of Confiscation Extension of Time Judicial Review

Source-derived case record

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 8 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Regina

Respondent

Mandy Heron

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal and extension of time should be granted in relation to the variation of a receivership order under the Proceeds of Crime Act 2002.
  2. 2 Whether the gifts to the third party (Mandy Heron) were 'tainted gifts' under section 77 of the Proceeds of Crime Act 2002.
  3. 3 Whether any part of the property acquired with funds from the defendant's business should be excluded from enforcement due to a proportion of legitimate business profits.

Ratio Decidendi

The application for extension of time and permission to appeal is refused as wholly without merit because the order of 9 December 2011 expressly granted enforcement powers over the property, and any appeal should have been brought within 14 days of that order. The gifts to the applicant were properly found to be tainted gifts under section 77 of the Proceeds of Crime Act 2002, and the findings of fact regarding the source of funds and lack of consideration are unassailable. There is no point of law of general public importance.

Court Disposition

applications refused

Orders

  • Application for extension of time refused.
  • Application for permission to appeal refused.