Harriott v R

Harriott v R

The confiscation hearing proceeded on a mistaken legal basis by failing to account for the appellant's husband's beneficial interest in the property. The judge was led into error by insufficient or incorrect information as to the beneficial ownership. The appellant should have been allowed to lead evidence of her true beneficial interest, and the recoverable amount must reflect only her share.

Parties
Appellant: Paula Harriott; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
confiscation order quashed and substituted
Legal Topics
Confiscation Order, Beneficial Interest, Drug Trafficking, Third Party Interests
Criminal Law Proceeds of Crime Confiscation Order Beneficial Interest Drug Trafficking Third Party Interests

Case Brief

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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 appellant's husband had an equitable interest at the time of the confiscation hearing
  3. 3 Whether the recoverable amount should be reduced based on the true extent of the appellant's realisable assets

Ratio Decidendi

The confiscation hearing proceeded on a mistaken legal basis by failing to account for the appellant's husband's beneficial interest in the property. The judge was led into error by insufficient or incorrect information as to the beneficial ownership. The appellant should have been allowed to lead evidence of her true beneficial interest, and the recoverable amount must reflect only her share.

Court Disposition

confiscation order quashed and substituted

Orders

  • The original confiscation order is quashed.
  • A new order is made nominating the recoverable amount as £15,671.84.