Seed, R. v [2021] EWCA Crim 1198 (30 July 2021)

Seed, R. v [2021] EWCA Crim 1198 (30 July 2021)

The inclusion of £318,386 worth of unclaimed jewellery from Sterling Road and Enfield cemetery in Mr Seed's available amount was wrong because, after the five co-defendants consented to its sale by police, Mr Seed lost any possessory right to it; however, the £66,415.54 worth of jewellery from Birkenhead House remained available to Mr Seed as he retained a suspended right to possession. The available amount must be reduced accordingly, and the default term reduced to avoid Mr Seed being more severely dealt with on appeal.

Citation
[2021] EWCA Crim 1198
Parties
Appellant: Michael Seed; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
30 July 2021
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order Following Conviction
Outcome
Appeal allowed in part
Legal Topics
Confiscation Orders, Available Amount, Possessory Rights in Stolen Property, Police Seizure and Sale of Property, Default Terms in Confiscation Orders
Criminal Law Proceeds of Crime Confiscation Orders Available Amount Possessory Rights in Stolen Property Police Seizure and Sale of Property Default Terms in Confiscation Orders

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Parties

Michael Seed

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order Following Conviction

Legal Issues

  1. 1 Whether unclaimed stolen jewellery seized by police is an 'available amount' for confiscation order purposes under POCA
  2. 2 Whether the default term should be reduced if the available amount is reduced
  3. 3 Whether new grounds of appeal can be raised post-hearing

Ratio Decidendi

The inclusion of £318,386 worth of unclaimed jewellery from Sterling Road and Enfield cemetery in Mr Seed's available amount was wrong because, after the five co-defendants consented to its sale by police, Mr Seed lost any possessory right to it; however, the £66,415.54 worth of jewellery from Birkenhead House remained available to Mr Seed as he retained a suspended right to possession. The available amount must be reduced accordingly, and the default term reduced to avoid Mr Seed being more severely dealt with on appeal.

Court Disposition

Appeal allowed in part

Orders

  • Confiscation order amended to remove £318,386 from available amount
  • Default term reduced by 136 days