CAB v Kelly & anor [2012] IESC 64 (29 November 2012)

CAB v Kelly & anor [2012] IESC 64 (29 November 2012)

Where property is established as the proceeds of crime, the statutory and constitutional framework permits its confiscation under the Proceeds of Crime Act, even if occupied by a non-criminal spouse, unless the respondent proves a serious risk of injustice. Mere lack of knowledge, absence of criminality, or a family law declaration of interest does not suffice to prevent a disposal order. The High Court correctly applied the law and no serious risk of injustice was demonstrated.

Citation
[2012] IESC 64
Parties
Applicant: Criminal Assets Bureau; Respondent: John Kelly; Respondent: T. T.
Jurisdiction
Ireland
Judgment Date
29 November 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Under Proceeds of Crime Act
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Confiscation of Assets, Family Home, Constitutional Property Rights, Anonymity Orders, Burden of Proof, Public Policy Against Proceeds of Crime
Criminal Law Civil Forfeiture Constitutional Law Proceeds of Crime Confiscation of Assets Family Home Constitutional Property Rights Anonymity Orders +2 more

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Parties

Criminal Assets Bureau

Applicant

John Kelly

Respondent

T. T.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Under Proceeds of Crime Act

Legal Issues

  1. 1 Whether confiscation of family home under s.4 of the Proceeds of Crime Act 1996-2005 constitutes an injustice to a non-criminal spouse
  2. 2 Whether constitutional rights to property and family life bar a disposal order
  3. 3 Whether a prior family law declaration of beneficial interest affects the outcome

Ratio Decidendi

Where property is established as the proceeds of crime, the statutory and constitutional framework permits its confiscation under the Proceeds of Crime Act, even if occupied by a non-criminal spouse, unless the respondent proves a serious risk of injustice. Mere lack of knowledge, absence of criminality, or a family law declaration of interest does not suffice to prevent a disposal order. The High Court correctly applied the law and no serious risk of injustice was demonstrated.

Court Disposition

appeal dismissed

Orders

  • High Court order for disposal of property to Minister for Finance affirmed
  • Appellant and her children permitted to reside in the family home until 30th June, 2008