The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds.
Held: It was sufficient to show that the defendant suspected the other party of criminal activity. For s93A, the existence of such a suspicion was one of the elements to be proved. It was the suspicion of criminal involvement which had to be shown, not the fact of such involvement. S1(2) of the 1977 Act did not apply to an offence contrary to section 93A . The fact or circumstance necessary for the commission of the offence was the suspicion of the defendant. Establishing suspicion also established knowledge of that suspicion. The defendant must inevitably have knowledge of his own state of mind:
Judges:
Lord Justice Kennedy Mr Justice Morison And Mr Justice Elias
Citations:
[2004] EWCA Crim 2686, Times 18-Nov-2004, [2005] 1 WLR 857
Links:
Statutes:
Criminal Justice Act 1988 93A, Criminal Law Act 1977 1(2)
Jurisdiction:
England and Wales
Cited by:
Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 June 2022; Ref: scu.219340
