The Court of Appeal dismissed two appeals from the High Court concerning the forfeiture of two properties, several cash bundles, and a vehicle, having found they were acquired using the proceeds of drug dealing. The original High Court decision imposed receivership and sale orders over the assets, allowed one appellant limited time to remain in a residence, and granted an equitable lien reflecting legitimate funds contributed. On appeal, the appellants failed to engage with or disprove the High Court’s findings, instead merely repeating previously rejected explanations regarding the origin of funds. The appellate court found no error by the trial judge, rejected arguments that equitable factors relating to family occupation required a different order, and upheld all orders, noting the lack of lawful income and the inability to demonstrate a legitimate source for the assets. The judgment reaffirms that mere hopes or aspirations concerning property occupation cannot outweigh proven links to criminal proceeds.
proceeds of crime – forfeiture of assets – asset receivership – equitable lien – High Court appeal – drug trafficking – appointment of receiver – Criminal Assets Bureau – cash seizure – burden of proof – removal of proceeds of crime from possession – Proceeds of Crime Act 1996 – Proceeds of Crime (Amendment) Act 2016 – Court of Appeal – equitable principles in receivership