[2012] NICA 29

Payments received by landowners for permitting waste to be deposited on their land were, in reality, payments for the provision of an ongoing facility to conceal the presence of the waste and had therefore been properly classed as benefit from criminal conduct where the landowners had been convicted of "keeping" controlled waste contrary to the Waste and Contaminated Land (Northern Ireland) Order 1997 art.4(1)(b) and art.4(1)(c). It was irrelevant that the payments pre-dated the coming into force of the Proceeds of Crime Act 2002.

CA (Crim Div) (NI) (Higgins LJ, Coghlin LJ, Treacy J)

29/06/2012