Anwar, R. v [2013] EWCA Crim 1865 (24 April 2013)

Anwar, R. v [2013] EWCA Crim 1865 (24 April 2013)

The trial judge materially misdirected the jury by answering the jury's question on tax evasion without legal explanation or evidence, leaving the jury to convict on a basis not featured at trial. The convictions are unsafe and must be quashed.

Source-derived case information.

Citation
[2013] EWCA Crim 1865
Parties
Appellant: Anwar; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
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

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Parties

Anwar

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

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 tax evasion

Ratio Decidendi

The trial judge materially misdirected the jury by answering the jury's question on tax evasion without legal explanation or evidence, leaving the jury to convict on a basis not featured at trial. The convictions are unsafe and must be quashed.

Court Disposition

convictions quashed, appeal allowed, retrial declined

Orders

  • Convictions quashed
  • No retrial ordered