Morrison, R. v

Morrison, R. v

The Recorder erred by confusing proportionality with hardship or injustice to third parties and by failing to appreciate the possibility of appointing an enforcement receiver; the tainted gift must be included in the confiscation order unless it would be disproportionate in the statutory sense, which was not established on the facts.

Parties
Appellant: Regina; Respondent: Peter Edwin Morrison
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Criminal Appeal / Appeal From Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Tainted Gifts, Proportionality, Money Laundering
Criminal Law Proceeds of Crime Confiscation Orders Tainted Gifts Proportionality Money Laundering

Case Brief

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Parties

Regina

Appellant

Peter Edwin Morrison

Respondent

Procedural Posture

Criminal Appeal / Appeal From Confiscation Order

Legal Issues

  1. 1 Whether the Recorder erred in law by ruling it would be disproportionate to include a tainted gift in the confiscation order
  2. 2 Whether the possibility of appointing an enforcement receiver affects proportionality
  3. 3 Whether hardship or injustice to third parties is relevant under section 6(5)(b) of the Proceeds of Crime Act 2002

Ratio Decidendi

The Recorder erred by confusing proportionality with hardship or injustice to third parties and by failing to appreciate the possibility of appointing an enforcement receiver; the tainted gift must be included in the confiscation order unless it would be disproportionate in the statutory sense, which was not established on the facts.

Court Disposition

appeal allowed

Orders

  • The confiscation order is varied to include the tainted gift; Respondent to pay £41,409.56 within three months; three months' imprisonment in default of payment.