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 Act did not require the defendant to know that the object was stolen. ‘if this case had come before me sitting in the Crown Court, I would have taken precisely that course, encouraging the Crown Prosecution Service to substitute a charge of handling stolen goods. But encouragement is where it would stop. It is ultimately a matter for them. Notwithstanding the obvious wider intention of the 2002 legislation it cannot be said that the conduct sought to be attributed to the claimant does not fall within section 329.’
Citations:
[2006] EWHC 3012 (Admin)
Links:
Statutes:
Proceeds of Crime Act 2002 329(1)(c)
Jurisdiction:
England and Wales
Cited by:
Cited – GH, Regina v SC 22-Apr-2015
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 July 2022; Ref: scu.246747