Hearings
England & Wales
19 Jun 2007 [2007] EWHC 1405 (Admin), QBD (James Goudie QC)
12 Jun 2008 [2008] EWCA Civ 645; [2009] QB 348; [2009] 2 WLR 471; [2008] 2 FLR 1672; The Times, 14 July 2008, CA (May, Arden, Wall LJJ)
Gibson v Revenue and Customs Prosecutions Office
Subject Matter
CRIME — Sentence — Confiscation order — Confiscation order made against defendant following conviction for drug trafficking offence— Defendant’s wife asserting half interest in matrimonial home and endowment policies held in joint names— Judge finding wife becoming aware after acquisition that proceeds of crime being used to pay mortgage and make policy payments— Whether statutory jurisdiction to confiscate wife’s interest as gift from defendant— Whether public policy conferring jurisdiction to reduce extent of wife’s interest to reflect her guilty knowledge— Drug Trafficking Act 1994 (c 37), s 8
[2008] EWCA Civ 645; [2009] QB 348; [2009] 2 WLR 471; [2008] 2 FLR 1672; The Times, 14 July 2008, CA
Appellate History
Gibson v Revenue and Customs Prosecutions Office [2007] EWHC 1405 (Admin), QBD
Decision of James Goudie QC sitting as a deputy judge of the Queen’s Bench Division reversed
Gibson v Revenue and Customs Prosecutions Office [2008] EWCA Civ 645; [2009] QB 348; [2009] 2 WLR 471; [2008] 2 FLR 1672; The Times, 14 July 2008, CA
Commentary
Blackstones Criminal Practice 2025
Making of Confiscation Order - Stage Four — Determination of the Available Amount - Third-party Interests
E19.59