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.
and
and
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.
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".
The appellant appealed from the judgment of the High Court (Feeney J.) delivered on the 17th October, 2008, 24th November, 2008 and the 1st December, 2008 and the order dated the 1st 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...
To continue reading
Request your trial-
Criminal Assets Bureau v Kelly
...v H (Unrep, Feeney J, 3/10/2007); Gilligan v Criminal Assets Bureau [1998] 3 IR 185 and Murphy v GM [2001] 4 IR 113 considered - CAB v H [2011] IESC 10, (Unrep, Supreme Court, 25/3/2011) followed - Proceeds of Crime Act 1996 (No 30), ss 2, 3, 4 and 8 - Family Law Act 1995 (No 26), s 36 - Co......