McCool & Anor, R v [2015] NICA 31 (22 May 2015)

McCool & Anor, R v [2015] NICA 31 (22 May 2015)

The trial judge was correct to proceed under the Proceeds of Crime Act 2002 for confiscation, but the benefit figures must be confined to the net overpayments as determined by the Social Security Regulations to ensure proportionality under Article 1 Protocol 1 ECHR.

Citation
[2015] NICA 31
Parties
Prosecutor: The Queen; Applicant: Donna McCool; Applicant: Michael Harkin
Jurisdiction
Northern Ireland
Judgment Date
22 May 2015
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Confiscation Orders
Outcome
leave to appeal granted; appeals allowed in part; confiscation orders varied
Legal Topics
Confiscation Orders, False Accounting, False Declarations, Jurisdiction Under Proceeds of Crime Act 2002, Proportionality Under ECHR
Criminal Law Proceeds of Crime Social Security Law Confiscation Orders False Accounting False Declarations Jurisdiction Under Proceeds of Crime Act 2002 Proportionality Under ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Queen

Prosecutor

Donna McCool

Applicant

Michael Harkin

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Confiscation Orders

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to make confiscation orders under the Proceeds of Crime Act 2002 given the dates of the offences
  2. 2 Whether the calculation of benefit for confiscation was correct and proportionate under Article 1 Protocol 1 ECHR
  3. 3 Whether the confiscation orders were manifestly excessive

Ratio Decidendi

The trial judge was correct to proceed under the Proceeds of Crime Act 2002 for confiscation, but the benefit figures must be confined to the net overpayments as determined by the Social Security Regulations to ensure proportionality under Article 1 Protocol 1 ECHR.

Court Disposition

leave to appeal granted; appeals allowed in part; confiscation orders varied

Orders

  • For McCool, confiscation order reduced to £5,531.95
  • For Harkin, confiscation order reduced to £33,624