Elie Taktouk v R
Fresh evidence from Dr. Wassim Taktouk is admissible and may affect the assessment of available assets; the confiscation order is quashed and Crown Court must proceed afresh to determine the available amount, but benefit figure stands.
- Parties
- Appellant: Elie Taktouk; Respondent: The King; Private Prosecutor: Benherst Finance Limited; Private Prosecutor: Chestone Industry Holding
- Jurisdiction
- England and Wales
- Judgment Date
- 02 July 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Confiscation Order
- Outcome
- Appeal allowed in part; confiscation order quashed; Crown Court to proceed afresh on available amount only.
- Legal Topics
- Confiscation Order, Fresh Evidence, Disclosure, Fraud, Benefit Calculation, Available Amount
Case Brief
Summary, issues, holding and outcome
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Parties
Elie Taktouk
Appellant
The King
Respondent
Benherst Finance Limited
Private Prosecutor
Chestone Industry Holding
Private Prosecutor
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Legal Issues
- 1 Whether fresh evidence should be admitted regarding available assets
- 2 Whether non-disclosure of investigator reports affected fairness
- 3 Whether benefit figure should be reduced due to recovery from third party
Ratio Decidendi
Fresh evidence from Dr. Wassim Taktouk is admissible and may affect the assessment of available assets; the confiscation order is quashed and Crown Court must proceed afresh to determine the available amount, but benefit figure stands.
Court Disposition
Appeal allowed in part; confiscation order quashed; Crown Court to proceed afresh on available amount only.
Orders
- Leave to appeal on Grounds 1 and 2 refused.
- Leave to appeal on Ground 3 granted; appeal allowed; confiscation order quashed under section 11(3)(a) Criminal Appeal Act 1968.
Full Case Text
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