Practice and Procedure

R v MAX ROWSELL (2011)

PUBLISHED July 7, 2011

[2011] EWCA Crim 1894

A judge making a confiscation order had been correct to deem an offender as having a full interest in land of which he was the legal owner even though it was accepted that various people had paid him to acquire a share of the land. In the absence of a declaration of trust or registration of an equitable interest or any other clear evidence, the purchasers' interests could not be taken into consideration for the purposes of the Proceeds of Crime Act 2002 s.79(3) because their precise nature could not be established.

CA (Crim Div) (Moore-Bick LJ, Cranston J, Judge Baker QC)