Rooney, R v

Rooney, R v

In the absence of evidence as to the specific benefit obtained by each conspirator, the judge was entitled to infer and apportion the benefit equally among all conspirators; the appellant did not provide evidence to the contrary, and the judge's approach was consistent with the law and case authorities.

Parties
Respondent: R; Appellant: Steven Michael Rooney
Jurisdiction
England and Wales
Judgment Date
18 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Benefit From Criminal Conduct, Apportionment of Benefit, Proceeds of Crime Act 2002
Criminal Law Proceeds of Crime Confiscation Orders Benefit From Criminal Conduct Apportionment of Benefit Proceeds of Crime Act 2002

Case Brief

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Parties

R

Respondent

Steven Michael Rooney

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the trial judge erred in law in finding the appellant benefited in the sum of £627,975 and making a confiscation order accordingly
  2. 2 Whether the benefit should have been limited to the amount actually received by the appellant

Ratio Decidendi

In the absence of evidence as to the specific benefit obtained by each conspirator, the judge was entitled to infer and apportion the benefit equally among all conspirators; the appellant did not provide evidence to the contrary, and the judge's approach was consistent with the law and case authorities.

Court Disposition

Appeal dismissed