Harriott v R [2012] EWCA Crim 2294 (07 November 2012)

Harriott v R [2012] EWCA Crim 2294 (07 November 2012)

The confiscation order was made on a mistaken legal basis, as the judge failed to consider the appellant's husband's beneficial interest in the property, which reduced the appellant's realisable assets. The order must be quashed and substituted with one reflecting only the appellant's true interest.

Source-derived case information.

Citation
[2012] EWCA Crim 2294
Parties
Appellant: Paula Harriott; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Beneficial Interest, Drug Trafficking, Third Party Interests, Certificate of Inadequacy
Criminal Law Proceeds of Crime Confiscation Order Beneficial Interest Drug Trafficking Third Party Interests Certificate of Inadequacy

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Parties

Paula Harriott

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order was flawed due to incorrect assessment of the appellant's beneficial interest in the matrimonial home
  2. 2 Whether the Crown Court erred in failing to consider the husband's equitable interest at the time of the order

Ratio Decidendi

The confiscation order was made on a mistaken legal basis, as the judge failed to consider the appellant's husband's beneficial interest in the property, which reduced the appellant's realisable assets. The order must be quashed and substituted with one reflecting only the appellant's true interest.

Court Disposition

appeal allowed

Orders

  • confiscation order quashed
  • new confiscation order substituted for £15,671.84