The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which he said was argument, and not fact.
Held: The case had been a simple request to the ourt to infer that the money was being laundered. The challenge succeeded. The explanation given, that the claimant had been seeking to avoid South African exchange controls, was sufficient in these particular circumstances, to displace the simple inference that the money represented the proceeds of crime, and indeed, in this case it was the more likely explanation.
Underhill J
[2012] EWHC 2549 (Admin)
Bailii
Proceeds of Crime Act 2002 294
England and Wales
Citing:
Cited – Muneka v Customs and Excise Admn 2-Feb-2005
The Albanian claimant was found at Heathrow Airport with a ticket to Tirana and with over andpound;20,000 in cash in his baggage. The district judge held that the cash had been obtained through unlawful conduct and that it was therefore recoverable . .
Cited – Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others Admn 16-Dec-2005
The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil . .
Cited – Assets Recovery Agency v Szepietowski and others CA 24-Jul-2007
The defendant had had set aside an interim order for assets recovery. The director appealed against a finding by the court below that he did not have ‘a good arguable case’, justifying an interim recovery order.
Held: The appeal succeeded. On . .
Cited – Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others Admn 16-Dec-2005
The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil . .
Cited – Olupitan and Another v Director of the Assets Recovery Agency CA 22-Feb-2008
The claimant challenged seizure of cash he was carrying. The court had concluded from its volume that it represented the proceeds of crime.
Held: Carnwath LJ said: ‘I agree with Sullivan J (in Green) that the Director need not allege the . .
Cited – Angus v United Kingdom Border Agency Admn 11-Mar-2011
The appellant appealed by case stated against an order for forfeiture of andpound;40,000 cash seized by the respondent on her entering the UK. The Crown Court, on appeal from the Magistrates Court, had found that that cash ‘may well have been’ the . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Cited – NW and Others, Regina v CACD 23-Jan-2008
The prosecutor appealed from a terminal ruling, acceding to a submission of no case to answer advanced on behalf of all four defendants.
Proof to the criminal standard can be discharged by circumstantial evidence and then by inference: ‘No . .
Cited – Anwoir and Others, Regina v CACD 27-Jun-2008
In attempting to prove that property represented the proceeds of crime, two paths were open to the prosecution. It could do so either by evidence that it derived from conduct of a specific kind or kinds and that conduct of that kind or those kinds . .
Lists of cited by and citing cases may be incomplete.
Customs and Excise, Criminal Practice
Updated: 10 November 2021; Ref: scu.464544