In the matter of Paul Arthur Maye and in the matter of the Proceeds of Crime (Northern Ireland) Order 1996

JurisdictionNorthern Ireland
JudgeNicholson LJ
Judgment Date14 October 2005
Neutral Citation[2005] NICA 41
Year2005
CourtCourt of Appeal (Northern Ireland)
Date14 October 2005
1
Neutral Citation No. [2005] NICA 41 Ref:
NICF5380
Judgment: approved by the Court for handing down Delivered:
14/10/2005
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
ON APPEAL FROM THE HIGH COURT OF JUSTICE
_______
IN THE MATTER OF PAUL ARTHUR MAYE
AND IN THE MATTER OF THE PROCEEDS OF CRIME (NORTHERN
IRELAND) ORDER 1996
________
Before Nicholson LJ, Campbell LJ and Higgins J
________
NICHOLSON LJ
Introduction
[1] On 23 November 1998 an order was made under the Proceeds of Crime
(Northern Ireland) Order (“the 1996 Order”) restraining the appellant from
disposing of his assets. At arraignments on 8 January 2002 and 15 January
2002 he pleaded guilty to various counts of obtaining property by deception.
Sentencing was adjourned, inter alia, to enable the court to consider the
making of a confiscation order under Article 8 of the 1996 Order.
[2] At a hearing on 26 June 2002 the court determined that the appellant
had benefited from his offences in the amount of £168,833.32. The court was
satisfied, however, that the amount that might be realised was less than the
value of the appellant’s benefit from the offences and, pursuant to Article
15(10) of the 1996 Order, ordered that the amount to be recovered under the
confiscation order should be £33,269.17. A Certificate of Realisable Property
was issued in that sum on that date in accordance with Article 15(10) and a
Confiscation Order and Compensation Order for that amount were made.
[3] The appellant’s mother and father died intestate on 21 July 2000 and 28
September 2001 respectively. Letters of administration of the estates were
taken out on 29 July 2002. The appellant became entitled to the sum of

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2 cases
  • Peacock and another
    • United Kingdom
    • Supreme Court
    • 22 Febrero 2012
    ...fell for consideration within the first limb of the parenthesis. The Court of Appeal in Northern Ireland in In re Maye [2005] NI CA 41; [2006] NI 206 thought rather that they fell within the second limb, as having caused the realisable amount to be "subsequently increased". For my part I pr......
  • Re Maye
    • United Kingdom
    • House of Lords
    • 6 Febrero 2008
    ...from the dismissal by the Court of Appeal in Northern Ireland (Lord Justice Nicholson, Lord Justice Campbell and Mr Justice Higgins)DNI ((2006) NI 206) of his appeal from the refusal by Mr Justice Morgan to set aside a confiscation order granted by Mr Justice Kerr under article 21 of the Pr......

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