| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 68 (Dec) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Holman J (judgment delivered extempore) |
| Representation | James Dennison (instructed by the Crown Prosecution Service) for the Crown Prosecution Service. |
| Mark Warwick (instructed by Hughmans Solicitors) for W. | |
| H appeared in person. | |
| Judgment Dates: | 7 December 2011 |
Catchwords
Proceeds of crime - Criminal property - Benefit from criminal conduct - Husband and wife living in property held in husband's sole name - Husband being convicted of conspiracy to traffic drugs - Property being subject to criminal confiscation order - Whether wife having beneficial interest in property.
The Case
Proceeds of crime Criminal property. The Administrative Court considered whether the wife had a beneficial interest in a property which was held in the sole name of her husband and which was subject to a confiscation order. The court held that, in the circumstances, the wife had a beneficial interest in one-half of the property.
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