The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people concerned.’ The proceeds had been paid into bank accounts operated by the defendants. There had been no evidence of their knowledge of the fraudulent origin of the funds. They said, in different ways that they were processing cheques issued to others. The prosecution said that they had turned a blind eye to the source of the funds.
Held: The appeals against conviction failed. It had been correct to allow the prosecution to lead the fact that the victims of the fraud had been elderly and vulnerable. It had been material. Though a policeman was on the jury, he was in traffic and from a different force and could have no connection with the people involved. In such cases the court must ask: ‘whether, if the police evidence is challenged, it forms an important part of the prosecution case, and secondly, any possibility of bias that might result from the closeness of the connection between the policeman on the jury and the police officer giving evidence.’
As to the sentences there was no evidence that either defendant knew of the predatory arrangements which generated the funds, and sentences of two years were substituted.
Thomas LJ, Blake, Burnett JJ
[2009] EWCA Crim 543
Bailii
Proceeds of Crime Act 2002 328(1), Police and Criminal Evidence Act 1984 78
England and Wales
Citing:
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited – Regina v Khan and Hanif CACD 14-Mar-2008
Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2021; Ref: scu.324712
