West Law Report

Proving gains were ill-gotten

Posted in Times Law Report by mrkooenglish on September 3, 2008

From The TimesSeptember 1, 2008

Proving gains were ill-gotten
Court of Appeal, Criminal Division
Published September 1, 2008
Regina v Anwoir and Others

There were two ways in which Crown could prove property derived from crime.

The Court of Appeal, Criminal Division (Lord Justice Latham, Mr Justice Clarke and Mr Justice MacDuff) so held on May 27, 2007, when dismissing appeals against convictions by three appellants, convicted at various crown courts of money laundering, and allowing an appeal by the fourth.

LORD JUSTICE LATHAM, giving the judgment of the court, said that in such cases there were two ways in which the Crown could prove that property derived from crime: (i) by showing that it derived from conduct of a specific kind or kinds and that conduct of that kind or those kinds was unlawful or (ii) by evidence of the circumstances in which the property was handled, which were such as to give rise to the irresistible inference that it could only be derived from crime.

That gave proper effect to the decision in R v Green ([2005] EWHC Admin 3168), was consistent with the Court of Appeal’s decision in R v Gabriel (Note) ([2007] 1 WLR 2272), R v K (I) ([2007] 1 WLR 2262), R v Craig ([2007] EWCA Crim 2913) and the Court of Appeal’s approach in R v El-Kurd ([2001] Crim LR 234).

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