The WLR Daily case summaries
[2024] WLR(D) 172
Court of Appeal
Rex v Hughes (Ronan)
[2024] EWCA Crim 357
2023 Sept 28;
2024 April 12
2024 April 12
Holroyde LJ, Snowden, Jeremy Baker JJ
Crime— Sentence— Confiscation order— Defendant pleading guilty to 39 offences of manslaughter and conspiring to assist unlawful immigration sentenced to 20 years’ imprisonment— Judge assessing defendant’s benefit as including 50% equitable interest in house built by him on land registered in names of father then of interested party in Republic of Ireland— Interested party submitting in affidavit defendant having no interest in house and house of no realisable value— Judge making confiscation order in sum of £182,078.90— Defendant applying for leave to appeal against confiscation order and interested party applying for leave to appeal against judge’s ruling— Whether paying for house to be built on land owned by another giving defendant equitable interest in completed house or land—
Proceeds of Crime Act 2002 (c 29), ss 10A, 84
Crime— Court of Appeal (Criminal Division)— Jurisdiction— Application by defendant for leave to appeal against sentence and application by interested party for leave to appeal against judge’s ruling— Defendant convicted in Crown Court with right to seek leave to appeal against sentence applying for leave to appeal against judge’s determination of interest in property in confiscation order— Interested party aggrieved by determination of defendant’s interest in property also applying for leave to appeal against judge’s ruling— Whether Court of Appeal (Criminal Division) having discretion to direct Crown Court to hear confiscation proceedings afresh following quashing of confiscation order—
Criminal Appeal Act 1968 (c 19), ss 9, 11(3A), 50(1)(ca)
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Proceeds of Crime Act 2002 (c 29), ss 10A, 31, 32, 50(1)(a)