Westbrook & Anor, R. v (Rev 1)

Westbrook & Anor, R. v (Rev 1)

The confiscation order was validly made by the judge within the prescribed period, and administrative or procedural errors did not render it a nullity as no prejudice was suffered. The judge was entitled to find the existence of hidden assets based on the evidence.

Source-derived case information.

Parties
Appellant: Regina; Respondent: Caron Westbrook; Respondent: Martin Richardson
Jurisdiction
England and Wales
Judgment Date
29 September 2020
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Hidden Assets, Procedural Irregularity, Appeal Process
Criminal Law Proceeds of Crime Confiscation Order Hidden Assets Procedural Irregularity Appeal Process

Source-derived case record

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Parties

Regina

Appellant

Caron Westbrook

Respondent

Martin Richardson

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation orders dated 30 August 2018 are a nullity due to procedural defects
  2. 2 Whether the judge erred in concluding the available amount was £248,657.00 based on hidden assets

Ratio Decidendi

The confiscation order was validly made by the judge within the prescribed period, and administrative or procedural errors did not render it a nullity as no prejudice was suffered. The judge was entitled to find the existence of hidden assets based on the evidence.

Court Disposition

appeal dismissed

Orders

  • Extension of time and permission to appeal on Ground 1 granted but appeal dismissed
  • Extension of time and permission to appeal on Ground 2 refused