Criminal Assets Bureau -v- Farrell & anor [2013] IEHC 610 (18 December 2013)

Criminal Assets Bureau -v- Farrell & anor [2013] IEHC 610 (18 December 2013)

The property at 116 Huntstown Avenue constitutes directly or indirectly the proceeds of crime, as the sources of funds for its purchase, mortgage repayments, and extension are unexplained or linked to criminal activity, and the statutory definitions are satisfied. The fact that some criminal conduct occurred outside the State and before the Act's commencement does not preclude the making of an order. No serious risk of injustice is established to prevent the order.

Citation
[2013] IEHC 610
Parties
Applicant: Criminal Assets Bureau; Respondent: Patrick Farrell; Respondent: C. C.
Jurisdiction
Ireland
Judgment Date
18 December 2013
Procedural Posture
Civil (proceeds of Crime) / Application for Interlocutory Order Under S.3 Proceeds of Crime Act 1996
Outcome
interlocutory order granted under s.3 Proceeds of Crime Act 1996
Legal Topics
Proceeds of Crime, Asset Forfeiture, Standard of Proof (civil), Opinion Evidence, Family Home, Extraterritorial Criminal Conduct
Criminal Law Civil Forfeiture Proceeds of Crime Asset Forfeiture Standard of Proof (civil) Opinion Evidence Family Home Extraterritorial Criminal Conduct

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Parties

Criminal Assets Bureau

Applicant

Patrick Farrell

Respondent

C. C.

Respondent

Procedural Posture

Civil (proceeds of Crime) / Application for Interlocutory Order Under S.3 Proceeds of Crime Act 1996

Legal Issues

  1. 1 Whether property at 116 Huntstown Avenue constitutes proceeds of crime
  2. 2 Whether interlocutory order under s.3 Proceeds of Crime Act 1996 should be made
  3. 3 Whether criminal conduct outside the State and before the Act's commencement is covered

Ratio Decidendi

The property at 116 Huntstown Avenue constitutes directly or indirectly the proceeds of crime, as the sources of funds for its purchase, mortgage repayments, and extension are unexplained or linked to criminal activity, and the statutory definitions are satisfied. The fact that some criminal conduct occurred outside the State and before the Act's commencement does not preclude the making of an order. No serious risk of injustice is established to prevent the order.

Court Disposition

interlocutory order granted under s.3 Proceeds of Crime Act 1996

Orders

  • Order prohibiting the respondents or any other specified person from disposing of or otherwise dealing with the property at 116 Huntstown Avenue, Clonsilla, Dublin 15, or diminishing its value.