Stapleton, R v [2008] EWCA Crim 1308 (15 May 2008)

Stapleton, R v [2008] EWCA Crim 1308 (15 May 2008)

The court was entitled to apply the Proceeds of Crime Act 2002 to offences committed after its commencement, and the judge was correct to make the confiscation order under that Act. There was no retrospective application, and the appellant failed to discharge the burden of proof regarding her assets.

Source-derived case information.

Citation
[2008] EWCA Crim 1308
Parties
Respondent: Regina; Appellant: Stapleton
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Transitional Provisions, Retrospective Legislation, Burden of Proof
Criminal Law Proceeds of Crime Confiscation Orders Transitional Provisions Retrospective Legislation Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Stapleton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make a confiscation order under the Proceeds of Crime Act 2002 when some offences predated its commencement
  2. 2 Whether the application of the 2002 Act was retrospective and unlawful
  3. 3 Whether the judge erred in finding the appellant failed to discharge the civil burden regarding assets

Ratio Decidendi

The court was entitled to apply the Proceeds of Crime Act 2002 to offences committed after its commencement, and the judge was correct to make the confiscation order under that Act. There was no retrospective application, and the appellant failed to discharge the burden of proof regarding her assets.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order of £24,975.85 under the Proceeds of Crime Act 2002 upheld
  • Restraint order discharged