Geary, R v [2010] EWCA Crim 1925 (30 July 2010)

Geary, R v [2010] EWCA Crim 1925 (30 July 2010)

The facts set out in the appellant's basis of plea did not disclose an offence under section 328(1) of the Proceeds of Crime Act 2002 because the arrangement did not relate to property that was already criminal property at the relevant time, and the appellant did not know or suspect the property to be criminal property.

Citation
[2010] EWCA Crim 1925
Parties
Respondent: The Queen; Appellant: Michael Geary
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court
Outcome
Appeal allowed; conviction quashed.
Legal Topics
Proceeds of Crime Act 2002, Money Laundering, Mens Rea, Section 328(1), Criminal Property
Criminal Law Proceeds of Crime Act 2002 Money Laundering Mens Rea Section 328(1) Criminal Property

Case Brief

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Parties

The Queen

Respondent

Michael Geary

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court

Legal Issues

  1. 1 Whether the appellant's conduct constituted an offence under section 328(1) of the Proceeds of Crime Act 2002 on the facts as set out in his basis of plea
  2. 2 Whether property must be criminal property at the time the arrangement begins to operate on it for an offence under section 328(1)
  3. 3 Whether the appellant had the necessary mens rea for the offence

Ratio Decidendi

The facts set out in the appellant's basis of plea did not disclose an offence under section 328(1) of the Proceeds of Crime Act 2002 because the arrangement did not relate to property that was already criminal property at the relevant time, and the appellant did not know or suspect the property to be criminal property.

Court Disposition

Appeal allowed; conviction quashed.

Orders

  • Conviction under section 328(1) of the Proceeds of Crime Act 2002 quashed.