NW & Ors, R v [2008] EWCA Crim 2 (23 January 2008)

NW & Ors, R v [2008] EWCA Crim 2 (23 January 2008)

In criminal prosecutions under POCA s.327 or s.328, the Crown must identify and prove at least the class or type of criminal conduct said to constitute the relevant 'criminal conduct' under s.340; it is not sufficient to rely solely on the absence of lawful origin or to invite the jury to infer criminality without particulars of the underlying crime. This is a requirement of elementary fairness and consistent with the legislative purpose of POCA.

Citation
[2008] EWCA Crim 2
Parties
Prosecution: R; Defendant: NW; Defendant: SW; Defendant: RC; Defendant: CC
Jurisdiction
England and Wales
Judgment Date
23 January 2008
Procedural Posture
Criminal Appeal / Prosecutor's Appeal Against Terminating Ruling (no Case to Answer)
Outcome
Appeal dismissed
Legal Topics
Money Laundering, Burden of Proof, Proceeds of Crime Act 2002, Criminal Property, Inference From Circumstantial Evidence
Criminal Law Money Laundering Burden of Proof Proceeds of Crime Act 2002 Criminal Property Inference From Circumstantial Evidence

Case Brief

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Parties

R

Prosecution

NW

Defendant

SW

Defendant

RC

Defendant

CC

Defendant

Procedural Posture

Criminal Appeal / Prosecutor's Appeal Against Terminating Ruling (no Case to Answer)

Legal Issues

  1. 1 Whether the Crown must prove the particular criminal conduct or at least the type of criminal conduct generating the alleged criminal property under POCA s.327 or s.328
  2. 2 Whether it is sufficient for the prosecution to show that the property has no lawful origin without evidence of the crime or class of crime involved
  3. 3 Whether the prosecution's approach reverses the burden of proof

Ratio Decidendi

In criminal prosecutions under POCA s.327 or s.328, the Crown must identify and prove at least the class or type of criminal conduct said to constitute the relevant 'criminal conduct' under s.340; it is not sufficient to rely solely on the absence of lawful origin or to invite the jury to infer criminality without particulars of the underlying crime. This is a requirement of elementary fairness and consistent with the legislative purpose of POCA.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Crown is dismissed.