Muneka v Customs & Excise

Muneka v Customs & Excise

The district judge was entitled to conclude, on the balance of probabilities, that the cash was obtained through unlawful conduct or intended for use in unlawful conduct based on the appellant's lies and lack of reasonable explanation.

Parties
Appellant: Bujar Muneka; Respondent: Commissioners of Customs & Excise
Jurisdiction
England and Wales
Judgment Date
02 February 2005
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Forfeiture of Cash, Standard of Proof, Unlawful Conduct
Criminal Law Civil Forfeiture Proceeds of Crime Forfeiture of Cash Standard of Proof Unlawful Conduct

Case Brief

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Parties

Bujar Muneka

Appellant

Commissioners of Customs & Excise

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether cash seized was obtained through unlawful conduct or intended for use in unlawful conduct under the Proceeds of Crime Act 2002
  2. 2 Whether lies and lack of explanation are sufficient evidence to establish unlawful conduct

Ratio Decidendi

The district judge was entitled to conclude, on the balance of probabilities, that the cash was obtained through unlawful conduct or intended for use in unlawful conduct based on the appellant's lies and lack of reasonable explanation.

Court Disposition

appeal dismissed

Orders

  • forfeiture order affirmed
  • order for costs in the sum of £5,103.50 in favour of Commissioners of Customs & Excise