Walker, R v

Walker, R v

The respondent's vested life interest in possession in one third of the trust fund is 'free property' under POCA and should be included in the available amount for confiscation, but due to lack of evidence on its market value and public interest considerations, the confiscation order is confirmed at the lower amount.

Parties
Appellant: Regina; Respondent: Jack Walker
Jurisdiction
England and Wales
Judgment Date
24 January 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal allowed on point of principle but confiscation order confirmed
Legal Topics
Confiscation Orders, Proceeds of Crime, Trust Beneficiary Interests
Criminal Law Trusts Law Confiscation Orders Proceeds of Crime Trust Beneficiary Interests

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Appellant

Jack Walker

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the respondent's interest under a trust is 'free property' for purposes of POCA confiscation
  2. 2 Valuation of a life interest in possession under a trust for confiscation

Ratio Decidendi

The respondent's vested life interest in possession in one third of the trust fund is 'free property' under POCA and should be included in the available amount for confiscation, but due to lack of evidence on its market value and public interest considerations, the confiscation order is confirmed at the lower amount.

Court Disposition

appeal allowed on point of principle but confiscation order confirmed

Orders

  • Confiscation Order confirmed in the amount of £9,422.42