G & Anor, R. v

G & Anor, R. v

For an offence under section 328(1) Proceeds of Crime Act 2002, the arrangement must facilitate the acquisition, retention, use or control of property that has already attained the status of criminal property before the arrangement operates on it. The property must not acquire its criminal character solely as a result of the arrangement. The offence is committed when the arrangement engages with property that is already criminal property, not merely when the arrangement is entered into.

Parties
Applicant: R; Respondent: G; Respondent: H
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Appeal From Ruling of No Case to Answer
Outcome
Crown's appeal allowed in the case of G; Crown's appeal dismissed in the case of H.
Legal Topics
Money Laundering, Proceeds of Crime, Interpretation of Section 328(1) Proceeds of Crime Act 2002
Criminal Law Money Laundering Proceeds of Crime Interpretation of Section 328(1) Proceeds of Crime Act 2002

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Parties

R

Applicant

G

Respondent

H

Respondent

Procedural Posture

Criminal Appeal / Appeal From Ruling of No Case to Answer

Legal Issues

  1. 1 Whether property must be criminal property at the time the arrangement begins to operate under section 328(1) Proceeds of Crime Act 2002
  2. 2 Whether criminal property must exist at the time the defendant enters into or becomes concerned in the arrangement

Ratio Decidendi

For an offence under section 328(1) Proceeds of Crime Act 2002, the arrangement must facilitate the acquisition, retention, use or control of property that has already attained the status of criminal property before the arrangement operates on it. The property must not acquire its criminal character solely as a result of the arrangement. The offence is committed when the arrangement engages with property that is already criminal property, not merely when the arrangement is entered into.

Court Disposition

Crown's appeal allowed in the case of G; Crown's appeal dismissed in the case of H.

Orders

  • Leave to appeal granted.
  • Crown's appeal allowed in the case of G.