Anwar, R. v

Anwar, R. v

The trial judge materially misdirected the jury by answering their question on tax evasion without legal explanation or evidence, allowing conviction on a basis not featured at trial; therefore, the convictions are unsafe and must be quashed.

Parties
Appellant: Anwar; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
convictions quashed, appeal allowed, retrial declined
Legal Topics
Proceeds of Crime, Money Laundering, Jury Directions, Tax Evasion, Misdirection
Criminal Law Proceeds of Crime Money Laundering Jury Directions Tax Evasion Misdirection

Case Brief

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Parties

Anwar

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's direction to the jury regarding tax evasion constituted a material misdirection
  2. 2 Whether convictions for money laundering offences are safe when jury was misdirected on criminal conduct

Ratio Decidendi

The trial judge materially misdirected the jury by answering their question on tax evasion without legal explanation or evidence, allowing conviction on a basis not featured at trial; therefore, the convictions are unsafe and must be quashed.

Court Disposition

convictions quashed, appeal allowed, retrial declined

Orders

  • Convictions quashed
  • No retrial ordered