Shahid, R. v

Shahid, R. v

Bankruptcy does not prevent the making of a confiscation order under the Criminal Justice Act 1988; statutory provisions explicitly include property vested in trustees in bankruptcy; the judge properly applied statutory assumptions and burden of proof; no serious risk of injustice was demonstrated.

Parties
Appellant: Abdul Shahid; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
13 March 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Benefit Fraud, Bankruptcy Impact on Confiscation, Statutory Interpretation
Criminal Law Proceeds of Crime Bankruptcy Confiscation Order Benefit Fraud Bankruptcy Impact on Confiscation Statutory Interpretation

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Parties

Abdul Shahid

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether bankruptcy prevents the making of a confiscation order under the Criminal Justice Act 1988
  2. 2 Whether the judge failed to consider statutory 'safety valves' regarding assumptions and gifts under sections 72AA and 74 of the 1988 Act
  3. 3 Whether the judge failed to investigate preferential debts under section 74(3) of the 1988 Act

Ratio Decidendi

Bankruptcy does not prevent the making of a confiscation order under the Criminal Justice Act 1988; statutory provisions explicitly include property vested in trustees in bankruptcy; the judge properly applied statutory assumptions and burden of proof; no serious risk of injustice was demonstrated.

Court Disposition

appeal dismissed

Orders

  • confiscation order upheld
  • compensation order upheld