Fletcher v Leicestershire Constabulary

Fletcher v Leicestershire Constabulary

The court held that it was permissible to infer from the circumstances that the cash was obtained by unlawful conduct of an unspecified kind, and that the hider's intention to recover and use the money sufficed for forfeiture under section 298(2)(b) of the Proceeds of Crime Act 2002, even though the finder was...

Source-derived case information.

Parties
Appellant: Steven Fletcher; Respondent: Chief Constable of Leicestershire Constabulary
Jurisdiction
England and Wales
Judgment Date
01 November 2013
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Proceeds of Crime, Forfeiture of Cash, Money Laundering, Finder's Rights
Criminal Law Civil Forfeiture Proceeds of Crime Forfeiture of Cash Money Laundering Finder's Rights

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Parties

Steven Fletcher

Appellant

Chief Constable of Leicestershire Constabulary

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the court can infer cash was obtained by unlawful conduct of an unspecified kind
  2. 2 Whether the hider's intention to recover and use the money is sufficient for forfeiture under section 298(2)(b) of the Proceeds of Crime Act 2002
  3. 3 Whether section 298(2)(b) allows forfeiture where the finder is innocent and the unlawful conduct is unidentifiable

Ratio Decidendi

The court held that it was permissible to infer from the circumstances that the cash was obtained by unlawful conduct of an unspecified kind, and that the hider's intention to recover and use the money sufficed for forfeiture under section 298(2)(b) of the Proceeds of Crime Act 2002, even though the finder was innocent and the specific unlawful conduct was unidentifiable.

Court Disposition

Appeal dismissed

Orders

  • Forfeiture of £17,940 confirmed under section 298(2)(b) of the Proceeds of Crime Act 2002