McKiernan, R v [2004] NICA 18 (20 May 2004)

McKiernan, R v [2004] NICA 18 (20 May 2004)

The appellant benefited from drug trafficking; assets gifted to wife and mother-in-law for property purchases are caught by the Order; statutory assumptions under Article 10 apply; total realisable assets are £156,299; confiscation order confirmed; appeal dismissed.

Source-derived case information.

Citation
[2004] NICA 18
Parties
Prosecution: The Queen; Appellant/defendant: Peter Joseph McKiernan
Jurisdiction
Northern Ireland
Judgment Date
20 May 2004
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Drug Trafficking, Confiscation Orders, Realisable Property, Gifts Caught by Proceeds of Crime, Third Party Interests
Criminal Law Proceeds of Crime Drug Trafficking Confiscation Orders Realisable Property Gifts Caught by Proceeds of Crime Third Party Interests

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Parties

The Queen

Prosecution

Peter Joseph McKiernan

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the appellant benefited from drug trafficking under the Proceeds of Crime (Northern Ireland) Order 1996
  2. 2 Whether assets gifted to wife and mother-in-law are caught by the Order
  3. 3 Whether statutory assumptions under Article 10 should be made

Ratio Decidendi

The appellant benefited from drug trafficking; assets gifted to wife and mother-in-law for property purchases are caught by the Order; statutory assumptions under Article 10 apply; total realisable assets are £156,299; confiscation order confirmed; appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Confiscation order for £156,299 confirmed
  • Appellant to serve two years imprisonment consecutive to drugs sentence in default of payment