Criminal Assets Bureau v Cash (Unapproved) [2024] IECA 13 (18 January 2024)
CAB established a prima facie case that the property was acquired with proceeds of crime, and Ms. Cash failed to credibly rebut this case. The trial judge correctly applied the civil standard of proof and was entitled to prefer CAB's evidence. No error was demonstrated in the trial judge's approach or findings.
- Citation
- [2024] IECA 13
- Parties
- Applicant/respondent: Criminal Assets Bureau; Respondent/appellant: Mary Cash (Neé Kiely)
- Jurisdiction
- Ireland
- Judgment Date
- 18 January 2024
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Proceeds of Crime, Standard of Proof, Money Laundering, Asset Forfeiture
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Criminal Assets Bureau
Applicant/respondent
Mary Cash (Neé Kiely)
Respondent/appellant
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether CAB satisfied the civil standard of proof under s.8(2) of the Proceeds of Crime Act, 1996 for the forfeiture of the family home
- 2 Whether the trial judge erred in preferring CAB's evidence over Ms. Cash's regarding the source of funds for the property
Ratio Decidendi
CAB established a prima facie case that the property was acquired with proceeds of crime, and Ms. Cash failed to credibly rebut this case. The trial judge correctly applied the civil standard of proof and was entitled to prefer CAB's evidence. No error was demonstrated in the trial judge's approach or findings.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; High Court orders affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment