Criminal Assets Bureau v H (T) & H (J)

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Denham J.
• Judgment Date: 25 March 2011
• Neutral Citation: [2011] IESC 10
• Docket Number: [Appeal No: 439/2008]
• Date: 25 March 2011

[2011] IESC 10

THE SUPREME COURT

Denham J.

Hardiman J.

Macken J.

[Appeal No: 439/2008]

[Appeal No: 427/2008]

Criminal Assets Bureau v H (T) & H (J)

[2011] IESC 10

Between/

Criminal Assets Bureau

Plaintiff/Respondent

and

T.H.

First Named Defendant

and

J.H.

Second Named Defendant/Appellant

And by Order of the Court

T.H.

Notice Party/Appellant

PROCEEDS OF CRIME ACT 1996 S4(1)

PROCEEDS OF CRIME ACT 1996 S3

PROCEEDS OF CRIME ACT 1996 S3(3)

CRIMINAL LAW

Proceeds of crime

Appeal - Interlocutory order - Discharge or vary - Respondent granted s 4 order for deliver up and sale of property subject matter of proceedings for benefit of Central Fund - Respondent granted application for names of parties to be published - Whether trial judge erred in law - Proceeds of Crime Act 1996 (No 30), ss 3 and 4 - Appeal refused and s 3 and s 4 Orders of High Court affirmed but reporting restrictions to remain in place (439/2008 & 427/2008 - SC - 25/3/2011) [2011] IESC 10

Criminal Assets Bureau v H (T)

Facts: The High Court had made an order pursuant to s. 4(1) Proceeds of Crime Act 1996, as amended, and a further order pursuant to s. 3 of the Act was also made, which the notice party sought to discharge or vary

Held by the Supreme Court per Denham J. (Hardiman, Macken JJ. Concurring) that the Court could find no error of law in the reasoning of the High Court on the issues in the proceedings. The Court would hear the parties on the issue of costs and directed vacant possession of the property. The Court would order the protection of the children residing in the property also.

Reporter: E.F.

Denham J.

Judgment delivered by Denham J. [nem diss]

1 The Court heard these two appeals together. The appeals were brought by the second named defendant/appellant, J.H., referred to as "the appellant", and the notice party/appellant, T.H., referred to as "the notice party".

2 The appellant appealed from the judgment of the High Court (Feeney J.) delivered on the 17^th October, 2008, 24^th November, 2008 and the 1^st December, 2008 and the order dated the 1^st December, 2008, made under s.4(1) of the Proceeds of Crime Act, 1996, this is Appeal No. 439/2008, whereby it was ordered that the property the subject of the proceedings be delivered up and sold and the balance of the proceeds of the sale to be transferred to the Minister...