THE SCOTTISH MINISTERS v. WAYNE HOLLOWAY [2009] ScotSC 160 (20 October 2009)

THE SCOTTISH MINISTERS v. WAYNE HOLLOWAY [2009] ScotSC 160 (20 October 2009)

On the balance of probabilities, the seized cash was obtained through unlawful conduct, specifically involvement in the supply of controlled drugs, and was intended for use in furtherance of drug-related transactions. The defender's explanations for the source of funds were not credible or reliable. Forfeiture is justified under Section 298 of the Proceeds of Crime Act 2002.

Citation
[2009] ScotSC 160
Parties
Minuter: The Scottish Ministers, Civil Recovery Unit; Defender: Wayne Peter Holloway
Jurisdiction
Scotland
Judgment Date
20 October 2009
Procedural Posture
Civil Recovery Application / Final Judgment
Outcome
forfeiture granted
Legal Topics
Proceeds of Crime, Drug Offences, Forfeiture, Unlawful Conduct
Criminal Law Civil Recovery Proceeds of Crime Drug Offences Forfeiture Unlawful Conduct

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Parties

The Scottish Ministers, Civil Recovery Unit

Minuter

Wayne Peter Holloway

Defender

Procedural Posture

Civil Recovery Application / Final Judgment

Legal Issues

  1. 1 Whether the seized cash represents proceeds of unlawful conduct under the Proceeds of Crime Act 2002
  2. 2 Whether the cash was intended for use in unlawful conduct
  3. 3 Whether the defender's explanations for the source of funds are credible

Ratio Decidendi

On the balance of probabilities, the seized cash was obtained through unlawful conduct, specifically involvement in the supply of controlled drugs, and was intended for use in furtherance of drug-related transactions. The defender's explanations for the source of funds were not credible or reliable. Forfeiture is justified under Section 298 of the Proceeds of Crime Act 2002.

Court Disposition

forfeiture granted

Orders

  • Forfeiture of £12,100 sterling plus accrued interest under Section 298 of the Proceeds of Crime Act 2002
  • Cause continued on question of expenses; parties to be heard thereon