Ojebode (aka Benedicta Ojebode Oluremilekun Thomas), Criminal Justice Act 1988 [2020] EWHC 923 (Admin) (17 April 2020)

Ojebode (aka Benedicta Ojebode Oluremilekun Thomas), Criminal Justice Act 1988 [2020] EWHC 923 (Admin) (17 April 2020)

The applicant failed to provide clear, cogent, and reliable evidence that her realisable property is inadequate to pay the outstanding amount under the confiscation order. Her evidence was found to be unreliable, inconsistent, and lacking in full disclosure, particularly regarding the dissipation of personal loan proceeds and the status of her assets. The burden of proof was not discharged, and the statutory requirements for issuing a certificate of inadequacy were not met.

Citation
[2020] EWHC 923 (Admin)
Parties
Defendant/applicant: Benedicta Ojebode (also known as Benedicta Ojebode Oluremilekun Thomas); Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
17 April 2020
Procedural Posture
Application for Certificate of Inadequacy Under Section 83 of the Criminal Justice Act 1988 / High Court Judgment on Application
Outcome
Application dismissed
Legal Topics
Confiscation Orders, Certificate of Inadequacy, Realisable Assets, Post Conviction Relief
Criminal Law Proceeds of Crime Asset Forfeiture Confiscation Orders Certificate of Inadequacy Realisable Assets Post Conviction Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Benedicta Ojebode (also known as Benedicta Ojebode Oluremilekun Thomas)

Defendant/applicant

Crown

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Section 83 of the Criminal Justice Act 1988 / High Court Judgment on Application

Legal Issues

  1. 1 Whether the applicant's realisable property is inadequate to pay the amount remaining due under the confiscation order
  2. 2 Whether a certificate of inadequacy should be issued under section 83 of the Criminal Justice Act 1988

Ratio Decidendi

The applicant failed to provide clear, cogent, and reliable evidence that her realisable property is inadequate to pay the outstanding amount under the confiscation order. Her evidence was found to be unreliable, inconsistent, and lacking in full disclosure, particularly regarding the dissipation of personal loan proceeds and the status of her assets. The burden of proof was not discharged, and the statutory requirements for issuing a certificate of inadequacy were not met.

Court Disposition

Application dismissed

Orders

  • No certificate of inadequacy issued under section 83 of the Criminal Justice Act 1988
  • Applicant remains liable for the outstanding balance of the confiscation order