R v Rebecca Thompson

R v Rebecca Thompson

The judge erred by applying the wrong legal test and not considering whether the applicant had any beneficial interest in the property within the meaning of section 84 of POCA; the confiscation order cannot stand.

Parties
Applicant: Rebecca Thompson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal allowed; confiscation order quashed; no remittal ordered.
Legal Topics
Confiscation Order, Beneficial Interest in Property, Proceeds of Crime Act 2002, Appeal Procedure
Criminal Law Proceeds of Crime Confiscation Order Beneficial Interest in Property Proceeds of Crime Act 2002 Appeal Procedure

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Parties

Rebecca Thompson

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the applicant had a beneficial interest in property for the purposes of a confiscation order under POCA
  2. 2 Whether the trial judge applied the correct legal test for determining beneficial interest in sole ownership cases

Ratio Decidendi

The judge erred by applying the wrong legal test and not considering whether the applicant had any beneficial interest in the property within the meaning of section 84 of POCA; the confiscation order cannot stand.

Court Disposition

Appeal allowed; confiscation order quashed; no remittal ordered.

Orders

  • Confiscation order made on 28th October 2019 quashed.
  • No order for remittal.