NW & Ors, R v
In criminal prosecutions for money laundering under POCA s.327 and s.328, the Crown must prove at least the class or type of criminal conduct that generated the alleged criminal property; it is not sufficient to infer criminal property solely from lack of lawful origin without identifying the underlying criminal conduct.
- Parties
- Prosecution: R; Defendant: NW; Defendant: SW; Defendant: RC; Defendant: CC
- Jurisdiction
- England and Wales
- Judgment Date
- 23 January 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Terminating Ruling (submission of No Case to Answer)
- Outcome
- Appeal dismissed
- Legal Topics
- Money Laundering, Burden of Proof, Proceeds of Crime Act, Inference From Circumstantial Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
NW
Defendant
SW
Defendant
RC
Defendant
CC
Defendant
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (submission of No Case to Answer)
Legal Issues
- 1 Whether the Crown must prove the particular criminal conduct or class of conduct that generated the alleged criminal property under POCA s.327 and s.328
- 2 Whether inferring criminal property solely from lack of lawful origin reverses the burden of proof
Ratio Decidendi
In criminal prosecutions for money laundering under POCA s.327 and s.328, the Crown must prove at least the class or type of criminal conduct that generated the alleged criminal property; it is not sufficient to infer criminal property solely from lack of lawful origin without identifying the underlying criminal conduct.
Court Disposition
Appeal dismissed
Orders
- No case to answer ruling upheld
- No further orders issued
Full Case Text
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