Hindley, R. v

Hindley, R. v

The confiscation order was based on the assumption that all funds in the ING account were proceeds of crime. The new evidence clearly shows, except for £500 and interest, the funds were inheritance monies. The appellant has rebutted the statutory assumptions under POCA. The confiscation order must be quashed and replaced with an order for the amount not accounted for by inheritance.

Parties
Prosecution: Regina; Appellant: Michael Hindley
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
confiscation order quashed and substituted
Legal Topics
Confiscation Order, Proceeds of Crime, Admission of Fresh Evidence, Benefit From Criminal Conduct
Criminal Law Proceeds of Crime Confiscation Order Admission of Fresh Evidence Benefit From Criminal Conduct

Case Brief

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Parties

Regina

Prosecution

Michael Hindley

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the funds in the ING account were proceeds of general criminal conduct under POCA
  2. 2 Whether fresh evidence should be admitted to show the source of funds
  3. 3 Whether the confiscation order should be quashed or varied

Ratio Decidendi

The confiscation order was based on the assumption that all funds in the ING account were proceeds of crime. The new evidence clearly shows, except for £500 and interest, the funds were inheritance monies. The appellant has rebutted the statutory assumptions under POCA. The confiscation order must be quashed and replaced with an order for the amount not accounted for by inheritance.

Court Disposition

confiscation order quashed and substituted

Orders

  • Confiscation order of £209,995.06 quashed
  • New confiscation order for £23,153.26 imposed