Practice and Procedure

R v SHEIKH MOHAMMED SHAKIL (2012)

PUBLISHED July 27, 2012
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[2012] EWCA Crim 1966

A judge in confiscation proceedings had been entitled, when calculating the amount of benefit recoverable from the defendant, to include the funds in joint accounts held by him and his father in Pakistan, because it had not been shown that the source of the funds was legitimate so as to displace the statutory assumption. For the accounts to be excluded from the calculation of the available amount, the defendant would have needed to show that he did not, in fact, have any assets to that value, not that he did not have the entire interest in them.

CA (Crim Div) (Richards LJ, Dobbs J, Judge Bevan QC)

27/07/2012

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