G & Anor, R. v [2013] EWCA Crim 2237 (05 December 2013)

G & Anor, R. v [2013] EWCA Crim 2237 (05 December 2013)

For 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 independently of the arrangement; the offence is committed when the arrangement operates on criminal property, not merely when the defendant enters into the arrangement.

Citation
[2013] EWCA Crim 2237
Parties
Applicant: R; Respondent: G; Respondent: H
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Appeal Against 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 Act 2002, Section 328(1), Fraud, Mens Rea, Arrangement Facilitating Criminal Property
Criminal Law Money Laundering Proceeds of Crime Act 2002 Section 328(1) Fraud Mens Rea Arrangement Facilitating Criminal Property

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Parties

R

Applicant

G

Respondent

H

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Ruling of No Case to Answer

Legal Issues

  1. 1 Whether property must be criminal property at the time the arrangement operates 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 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 independently of the arrangement; the offence is committed when the arrangement operates on criminal property, not merely when the defendant enters into the arrangement.

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 in the case of G allowed; further proceedings to follow.