Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be used to channel the fraudulent profits.
Held: The appeal succeeded. ‘Criminal property’ in sections 327-329 of POCA refers to property which already has the quality of being ‘criminal property’ (as defined in section 340 of POCA) by reason of prior criminal conduct distinct from the conduct alleged to constitute the commission of the money laundering offence itself.
Lord Neuberger, President, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 24, [2015] 1 WLR 2126, [2015] WLR(D) 178, UKSC 2014/0035
Bailii, Bailii Summary, WLRD, SC, SC Summary
Proceeds of Crime Act 2002 328(1)
England and Wales
Citing:
Cited – Regina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Loizou, Regina v CACD 14-Jul-2006
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, . .
Cited – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Cited – Geary, Regina v CACD 30-Jul-2010
The defendant agreed to help a friend named Harrington to hide some money for a period. Under the arrangement Harrington transferred around andpound;123,000 into the defendant’s bank account. The defendant used some of it to make some purchases for . .
Cited – Amir and Another, Regina v CACD 23-Nov-2011
Akhtar had arranged with a mortgage broker to obtain money from lenders by submitting false mortgage applications on behalf of third parties. He was prosecuted under section 328. The prosecution argued that Akhtar was guilty because he entered into . .
Appeal from – G and Another, Regina v CACD 5-Dec-2013
The defendant had pled not guilty to a charge of entering into a facility which would facilitate money laundering. The court upheld that plea. The prosecutor now appealed.
Held: The appeal failed, although under section 328 it is not necessary . .
Cited – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
Cited – HKSAR v Li Kwok Cheung George 5-Jun-2014
Hong Kong Court of Final Appeal The court considered the wording of a Hong Kong money laundering ordinance.
Held: Ribeiro and Fok PJJ said in their joint judgment with which the other members of the Court of Final Appeal agreed, saying: ‘It is . .
Cited – Wilkinson, Regina (on the Application of) v Director of Public Prosecutions Admn 22-Jun-2006
The defendant sought judicial review of the decision to charge him under the Act for being in possession of a stolen motor-cycle. He said he had been over-charged.
Held: Unlike a conviction for handling stolen goods, the offence under the 2002 . .
Cited – CPS Nottinghamshire v Rose CACD 21-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 December 2021; Ref: scu.545695
