Telli v Revenue and Customs Prosecutions Office

Telli v Revenue and Customs Prosecutions Office

The appellant failed to establish that his realisable property is currently inadequate to satisfy the outstanding confiscation order because the original order included unidentified assets, and he has not identified or accounted for all his assets. The loss of the statue does not prove inadequacy of all realisable property.

Parties
Respondent: REVENUE AND CUSTOMS PROSECUTIONS OFFICE; Appellant: David Telli
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Criminal Appeal / Appeal From Refusal of Certificate of Inadequacy
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Drug Trafficking, Certificate of Inadequacy
Criminal Law Proceeds of Crime Confiscation Orders Drug Trafficking Certificate of Inadequacy

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Parties

REVENUE AND CUSTOMS PROSECUTIONS OFFICE

Respondent

David Telli

Appellant

Procedural Posture

Criminal Appeal / Appeal From Refusal of Certificate of Inadequacy

Legal Issues

  1. 1 Whether the appellant is entitled to a certificate of inadequacy under s.17 of the Drug Trafficking Act 1994
  2. 2 Whether the value of realisable property is inadequate to satisfy the outstanding confiscation order

Ratio Decidendi

The appellant failed to establish that his realisable property is currently inadequate to satisfy the outstanding confiscation order because the original order included unidentified assets, and he has not identified or accounted for all his assets. The loss of the statue does not prove inadequacy of all realisable property.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.