[2007] EWCA Crim 2638

In confiscation proceedings, the burden of rebutting the statutory assumptions contained in the Criminal Justice Act 1988 s.72AA(4) and (5) lay with the defendant even if a decision was made not to call the defendant to give evidence. A degree of caution was necessary in terms of the weight to be attached to the evidence of witnesses appearing on the defendant's behalf where there may be a conflict of duty, or where the evidence related to their own experience.

CA (Crim Div) (Pill LJ, Hedley J, Calvert-Smith J)

17/10/2007