Appeal from property freezing order. Llloyd, Moore-Bick, McFarlane LJJ [2013] EWCA Civ 970, [2013] WLR(D) 327, [2013] CP Rep 47, [2013] 1 WLR 3800, [2014] 1 All ER 206, [2013] Lloyd’s Rep FC 513 Bailii, WLRD Proceeds of Crime Act 2002 243 England and Wales Criminal Sentencing Updated: 18 November 2021; Ref: scu.514249
Sentence without Counsel unlawful – Legal Aid Challenge to the lawfulness of the immediate custodial sentence imposed on the appellant in the absence of counsel to represent her in court, in circumstances where counsel had refused to attend court in support of the Criminal Bar Association (CBA) days of action. In addition, it is said … Continue reading Nguyen, Rex v: CACD 4 Nov 2022
Citations: [2013] EWCA Crim 1865 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) 329(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.518567
Judges: Lord Justice Popplewell Mr Justice Goose Mr Justice Hilliard Citations: [2020] EWCA Crim 1009 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Crime Updated: 19 November 2022; Ref: scu.682453
Citations: [2018] EWCA Crim 2639 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 September 2022; Ref: scu.630978
The defendant appealed against his convictions for converting the proceeds of crime. He had allowed money taken in fraud by another to be paid through his bank account. He denied he had any knowledge of the fact that they were criminal proceeds and he had not himself been involved in any conversion. Held: The appeal … Continue reading Regina v Fazal: CACD 9 Jun 2009
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
Citations: [2019] EWCA Crim 606 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1)(d) Jurisdiction: England and Wales Criminal Sentencing Updated: 17 June 2022; Ref: scu.635651
Application for leave to appeal against convictions for money laundering related offences. Judges: Jolroyde LJ, Zeidman QC HHJ Citations: [2017] EWCA Crim 1147 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) Jurisdiction: England and Wales Crime Updated: 28 March 2022; Ref: scu.591698
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
The three sister defendants appealed against their convictions and sentences for converting and transferring criminal property. Their father had conducted a security business in a fraudulent manner, and they had been accused of being involved with its management. Each had denied knowing of any criminal activity. Elias LJ, MacKay J [2013] EWCA Crim 1262 Bailii … Continue reading William and Others v Regina: CACD 18 Jul 2013
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009
Conviction of two counts of converting criminal property contrary to section 327 of the Proceeds of Crime Act 2002, and to three counts of possession of criminal property contrary to section 329 of the same Act. He was also convicted of one count of engaging in the provision of unlicensed personal credit agreements contrary to … Continue reading Linegar, Regina v: CACD 12 Mar 2009
Appeal against refusal of permission to amend pleadings. The claimants suffered large losses after the bank delayed implementing his instructions after staff members initiated a report under the 2002 Act. The claimant said that the evidence supporting a claim that the report was made in bad faith had only just come to light. Held: The … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 30 Nov 2011
Appeal against conviction of one Count of acquiring criminal property, contrary to section 329(1)a) of the Proceeds of Crime Act 2002, and one Count of removing criminal property from England and Wales, contrary do section 327(1)e) of that Act. Citations: [2010] EWCA Crim 1381 Links: Bailii Jurisdiction: England and Wales Crime Updated: 04 July 2022; … Continue reading Yip, Regina v: CACD 26 May 2010
A cash sum of andpound;87,000 was transferred. The defendants appealed against a ruling under the 1996 Act, saying that at the time of its transfer, the property did not represent criminal property under the Act. Held: The pre-conditions for holding a preliminary hearing under the 1996 Act had not applied, and the appeal should not … Continue reading Regina v L, G etc: CACD 17 Jun 2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015
Belfast – ‘The twenty eight charges against this defendant, Wu Pu Paul Mo, are each of converting criminal property contrary to Section 327(1)(c) of the Proceeds of Crime Act 2002. The particulars of each offence allege that he converted criminal property by purchasing bankers drafts from monies held in one of five accounts in his … Continue reading MO, Regina v: CCNI 17 Oct 2013
The Revenue appealed against discharge of a restraint order. The discharge had been on the basis that some of the offences under investigation (perpetrating a fraud on the revenue) took place before the 2002 Act came into effect. Held: The appeal succeeded. Under the former law, criminal proceedings had to be about to be begun … Continue reading In re Hill and Others (Restraint Order): CACD 20 Dec 2005
The claimant had been called upon to repair an unoccupied flat damaged by fire. He found a metal box containing andpound;18,000 in cash. He took it to the police. He now resisted their assertion that this represented the proceeds of crime and should be forfeited. The former occupants were not suspected of any criminal activity. … Continue reading Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a campaign of non-violent civil disobedience. The judge had refused to allow cross examination and evidence concerning … Continue reading Chandler (TN) v Director of Public Prosecutions: HL 12 Jul 1962
The defendant agreed to help a friend named Harrington to hide some money for a period. Under the arrangement Harrington transferred around andpound;123,000 into the defendant’s bank account. The defendant used some of it to make some purchases for Harrington and, after an interval, he repaid the balance to Harrington less about andpound;5,000. The prosecution’s … Continue reading Geary, Regina v: CACD 30 Jul 2010
Appeal from conviction and sentence after conviction of being concerned in the production of a Class B controlled drug (cannabis), contrary to section 4(2(b) of the Misuse of Drugs Act (count 1) and of transferring criminal property, contrary to . .
