Allpress & Ors v R.

Allpress & Ors v R.

Mere couriers or custodians of criminal property, whether cash or otherwise, do not obtain property or a payment/reward for purposes of confiscation orders under CJA 1988, DTA 1994, or POCA 2002; only actual rewards or payments received constitute benefit. The statutory language does not require a different approach for cash. Where a defendant has legal ownership or practical control (as in Morris), the benefit is the value of property obtained.

Parties
Appellant: Sylvia Allpress; Appellant: Deborah Symeou; Appellant: Miguel Casal; Appellant: Paul Winter Morris; Appellant: Stephen Martin; Respondent: R
Jurisdiction
England and Wales
Judgment Date
20 January 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Orders
Outcome
Appeals by Allpress, Symeou, Casal, and Stephen Martin allowed; appeal by Morris dismissed.
Legal Topics
Confiscation Orders, Benefit From Criminal Conduct, Drug Trafficking, Money Laundering, Criminal Property, Statutory Interpretation
Criminal Law Proceeds of Crime Money Laundering Confiscation Orders Benefit From Criminal Conduct Drug Trafficking Criminal Property Statutory Interpretation

Case Brief

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Parties

Sylvia Allpress

Appellant

Deborah Symeou

Appellant

Miguel Casal

Appellant

Paul Winter Morris

Appellant

Stephen Martin

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Orders

Legal Issues

  1. 1 Whether couriers or custodians of criminal property obtain a benefit for purposes of confiscation orders under CJA 1988, DTA 1994, and POCA 2002
  2. 2 Whether the statutory language requires a different approach for cash versus other property
  3. 3 Whether mere possession or custody constitutes 'obtaining' property or a payment/reward

Ratio Decidendi

Mere couriers or custodians of criminal property, whether cash or otherwise, do not obtain property or a payment/reward for purposes of confiscation orders under CJA 1988, DTA 1994, or POCA 2002; only actual rewards or payments received constitute benefit. The statutory language does not require a different approach for cash. Where a defendant has legal ownership or practical control (as in Morris), the benefit is the value of property obtained.

Court Disposition

Appeals by Allpress, Symeou, Casal, and Stephen Martin allowed; appeal by Morris dismissed.

Orders

  • Confiscation orders against Allpress, Symeou, and Casal reduced to £3,600, £8,803.20, and £66,148 respectively.
  • Confiscation order against Stephen Martin quashed.