Pace & Anor v R.

Pace & Anor v R.

Proof of a mental element of suspicion alone does not suffice for a conviction of attempted money laundering under s.1 of the Criminal Attempts Act 1981 and s.327 of the Proceeds of Crime Act 2002. The accused must intend to commit all elements of the offence, including that the property is criminal property. The trial judge erred in directing the jury that suspicion sufficed.

Parties
Appellant: Martin Edward Pace; Appellant: Simon Peter Rogers; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
18 February 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Attempt, Money Laundering, Mens Rea, Impossibility, Conspiracy
Criminal Law Attempt Money Laundering Mens Rea Impossibility Conspiracy

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Parties

Martin Edward Pace

Appellant

Simon Peter Rogers

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 What is the required mental element (mens rea) for the offence of attempting to conceal, disguise or convert criminal property under s.1 Criminal Attempts Act 1981 and s.327 Proceeds of Crime Act 2002?
  2. 2 Does suspicion suffice as the mental element for attempted money laundering, or is intent/knowledge required?

Ratio Decidendi

Proof of a mental element of suspicion alone does not suffice for a conviction of attempted money laundering under s.1 of the Criminal Attempts Act 1981 and s.327 of the Proceeds of Crime Act 2002. The accused must intend to commit all elements of the offence, including that the property is criminal property. The trial judge erred in directing the jury that suspicion sufficed.

Court Disposition

appeal allowed; convictions quashed

Orders

  • Convictions of Martin Edward Pace and Simon Peter Rogers for attempted money laundering are quashed.