McK. v. D. [2002] IEHC 115 (31 July 2002)

McK. v. D. [2002] IEHC 115 (31 July 2002)

The premises were acquired at least in part with proceeds of crime, and none of the defendant's legal objections bar the making of an order under section 3 of the Proceeds of Crime Act 1996.

Citation
[2002] IEHC 115
Parties
Plaintiff: Mc K; Defendant: D
Jurisdiction
Ireland
Judgment Date
31 July 2002
Procedural Posture
Application Under Proceeds of Crime Act 1996 / Judgment
Outcome
Order granted under section 3 of the Proceeds of Crime Act 1996.
Legal Topics
Proceeds of Crime, Asset Forfeiture, Statute of Limitations, Constitutional Law, Res Judicata
Criminal Law Civil Forfeiture Proceeds of Crime Asset Forfeiture Statute of Limitations Constitutional Law Res Judicata

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Parties

Mc K

Plaintiff

D

Defendant

Procedural Posture

Application Under Proceeds of Crime Act 1996 / Judgment

Legal Issues

  1. 1 Whether the premises were acquired with proceeds of crime
  2. 2 Applicability of Proceeds of Crime Act 1996 to crimes committed outside Ireland
  3. 3 Delay and abuse of process

Ratio Decidendi

The premises were acquired at least in part with proceeds of crime, and none of the defendant's legal objections bar the making of an order under section 3 of the Proceeds of Crime Act 1996.

Court Disposition

Order granted under section 3 of the Proceeds of Crime Act 1996.

Orders

  • Premises in Co. Wicklow together with furniture, fittings and contents are subject to an order under section 3 of the Proceeds of Crime Act 1996.