R v Ogden and Ors [2016] EWCA Crim 6 – S 327(1) POCA.
- money laundering – conspiracy to convert criminal property.
1) evidence of “benefit” is relevant to whether there is “criminal property” but is not necessary to prove, “conversion”.
2) if A and B agree the sale of illicit drugs, they are both guilty of conspiracy to convert or transfer criminal property.
undefined: unpaid
Related case digests
- R v GH [2015] UKSC 24 – S 328(1) (and ss 327 and 329) POCA – (TA).
- money laundering. 1) “criminal property” for the purposes of ss 327, 328 and 329 POCA means property obtained as a result of or in connection with criminal activity separate from that which is the subject of the charge itself. 2) it matters not whether criminal property existed when the arrangement, within s 328, was first hatched so long as the property is criminal at a time when the arrangement operates on it. 3) D commits offence under s 328 of entering into an arrangement to facilitate the retention of criminal property by opening bank account for fraudster’s use because the money becomes criminal property when obtained by fraud. 4) thief is not guilty of acquiring “criminal property” by act of theft, but may thereafter be guilty under s 327 and/or s 329 of possessing, using, concealing or transferring it etc. - but, bad practice for P to prosecute under POCA for conduct sufficiently covered by substantive offences.