Leslie & Anor, R. v [2008] NICA 28 (30 June 2008)

Leslie & Anor, R. v [2008] NICA 28 (30 June 2008)

The applicants benefited from the theft by obtaining possession and control of the stolen quad bikes, but in the exceptional circumstances of the case, proportionality required apportionment of the confiscation orders between the two applicants, reducing the recoverable sum to £16,000 each.

Citation
[2008] NICA 28
Parties
Prosecutor: The Queen; Applicant: Thomas Leslie; Applicant: Gerald Mooney
Jurisdiction
Northern Ireland
Judgment Date
30 June 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Confiscation Orders
Outcome
Leave to appeal granted; appeals allowed in part; confiscation orders reduced.
Legal Topics
Confiscation Orders, Benefit From Criminal Conduct, Apportionment, Proportionality, Article 1 Protocol 1 ECHR
Criminal Law Proceeds of Crime Human Rights Confiscation Orders Benefit From Criminal Conduct Apportionment Proportionality Article 1 Protocol 1 ECHR

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Parties

The Queen

Prosecutor

Thomas Leslie

Applicant

Gerald Mooney

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Confiscation Orders

Legal Issues

  1. 1 Whether confiscation orders under the Proceeds of Crime Act 2002 were disproportionate and should be apportioned between defendants
  2. 2 Whether the applicants benefited from the theft despite recovery of stolen goods
  3. 3 Compatibility of confiscation orders with Article 1 Protocol 1 ECHR

Ratio Decidendi

The applicants benefited from the theft by obtaining possession and control of the stolen quad bikes, but in the exceptional circumstances of the case, proportionality required apportionment of the confiscation orders between the two applicants, reducing the recoverable sum to £16,000 each.

Court Disposition

Leave to appeal granted; appeals allowed in part; confiscation orders reduced.

Orders

  • Confiscation orders against each applicant reduced to £16,000