The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit further sums, though grants had not been taken out. The DPP applied to vary the … Continue reading Maye, Re (Northern Ireland): HL 6 Feb 2008
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary and non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The defendant had already been charged with offences when he was called for interview and obliged to answer questions from a financial investigator. His answers would have been admissible at … Continue reading Shannon v The United Kingdom: ECHR 4 Oct 2005
[2006] NIQB 43 Bailii Proceeds of Crime (Northern Ireland) Order 1996 Northern Ireland Criminal Sentencing Updated: 04 January 2022; Ref: scu.242743
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 2014
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
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