Ojebode (aka Benedicta Ojebode Oluremilekun Thomas), Criminal Justice Act 1988

Ojebode (aka Benedicta Ojebode Oluremilekun Thomas), Criminal Justice Act 1988

Despite serious deficiencies and inconsistencies in the applicant's evidence, the court found on the balance of probabilities that her realisable property is now inadequate to pay the amount remaining due under the confiscation order, and thus a certificate of inadequacy should be issued under section 83(1) of the Criminal Justice Act 1988.

Parties
Applicant/defendant: 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 Criminal Justice Act 1988 / Judgment on Application
Outcome
Application granted
Legal Topics
Confiscation Orders, Certificate of Inadequacy, Realisable Property, Variation of Confiscation Orders
Criminal Law Proceeds of Crime Asset Forfeiture Confiscation Orders Certificate of Inadequacy Realisable Property Variation of Confiscation Orders

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Parties

Benedicta Ojebode (also known as Benedicta Ojebode Oluremilekun Thomas)

Applicant/defendant

Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's realisable property is inadequate to pay the amount remaining 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

Despite serious deficiencies and inconsistencies in the applicant's evidence, the court found on the balance of probabilities that her realisable property is now inadequate to pay the amount remaining due under the confiscation order, and thus a certificate of inadequacy should be issued under section 83(1) of the Criminal Justice Act 1988.

Court Disposition

Application granted

Orders

  • Certificate of inadequacy to be issued under section 83(1) of the Criminal Justice Act 1988 on the basis that the applicant's realisable property is now inadequate to pay the amount remaining due under the confiscation order.