McK. v. D. [2004] IESC 31 (17 May 2004)

McK. v. D. [2004] IESC 31 (17 May 2004)

The Proceeds of Crime Act 1996 does not apply to proceeds of crimes committed outside the State. The Act contains no express provision for extra-territorial application or double criminality. Section 3 orders are not forfeitures for limitation purposes. The High Court erred in its approach to the burden of proof and evaluation of evidence. The appeal is allowed and the High Court order is set aside.

Citation
[2004] IESC 31
Parties
Plaintiff/respondent: McK; Defendant/appellant: D
Jurisdiction
Ireland
Judgment Date
17 May 2004
Procedural Posture
Civil Appeal (proceeds of Crime Act 1996) / Supreme Court Appeal From High Court Interlocutory Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Proceeds of Crime, Statutory Interpretation, Burden of Proof, Extra Territoriality, Statute of Limitations
Criminal Law Civil Procedure Property Law Proceeds of Crime Statutory Interpretation Burden of Proof Extra Territoriality Statute of Limitations

Case Brief

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Parties

McK

Plaintiff/respondent

D

Defendant/appellant

Procedural Posture

Civil Appeal (proceeds of Crime Act 1996) / Supreme Court Appeal From High Court Interlocutory Order

Legal Issues

  1. 1 Whether the Proceeds of Crime Act 1996 applies to proceeds of crimes committed outside the State
  2. 2 Whether a section 3 order under the Act constitutes forfeiture for the purposes of the Statute of Limitations
  3. 3 Proper approach to admissibility and weight of belief evidence under section 8 of the Act

Ratio Decidendi

The Proceeds of Crime Act 1996 does not apply to proceeds of crimes committed outside the State. The Act contains no express provision for extra-territorial application or double criminality. Section 3 orders are not forfeitures for limitation purposes. The High Court erred in its approach to the burden of proof and evaluation of evidence. The appeal is allowed and the High Court order is set aside.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order of the High Court under section 3 of the Proceeds of Crime Act 1996 set aside