R v Hilton
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 2017 |
| Neutral Citation | [2017] NICA 73 |
| Date | 12 May 2017 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2017] NICA 73
Ex tempore Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: DEE10305
Delivered: 12/05/2017
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
BERNADETTE HILTON
________
Before: Gillen LJ, Deeny J and Keegan J
DEENY J
[1] The appellant before the court, Bernadette Hilton, was committed for hearing
at Belfast Crown Court on 22 September 2015 on two counts on an indictment. She
had pleaded guilty to those at the Magistrates’ Court on 7 July 2015 and the effect of
those was that she had obtained income support dishonestly by failing to report that
she had part-time employment. Furthermore, this had proceeded for quite an
extensive period of time as appears from the facts of the case. Nevertheless, the
court took into account her plea of guilty and her personal circumstances and on 20
April 2016 a probation order was imposed on her for 2 years in respect of each count
concurrent.
[2] However, the Crown exercised its right to bring confiscation proceedings
against her and these were apparently adjourned on several occasions but ultimately
came for hearing before His Honour Judge Millar QC on 20 October 2016 and the
learned judge imposed a confiscation order of £10,263.50 which he found to be the
recoverable amount within the provisions of the statute. He said in his sentencing
remarks that if she was in default there would be a sentence of 6 months’
imprisonment. The order of the court of 20 October 2016 allowed her 3 months in
which to pay that sum.
[3] It is not in contention and it was clear to the judge and to both counsel that
this woman could only raise such a sum of money by selling the home in which she
lived, [address] Dunmurry, Belfast. The title to that property was before the court
and showed that she was the co-owner with her husband. However, her husband
was estranged from her and was not living at the property. The property was the
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1 books & journal articles
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Confiscation Orders: Avoid a ‘Determination’ by ‘Taking a View’: R v Hilton (Northern Ireland) [2020] UKSC 29
...either by the respondent’s estrangedpartner, nor by the mortgagee.The respondent appealed to the C ourt of Appeal of Northern Ir eland ([2017] NICA 73) on thebasis that the Crown Court judge’s failure to allow third party representations was in breach of s160A(2), even though the provision ......