Mahmood & Anor, R v [2005] EWCA Crim 2168 (26 August 2005)

Mahmood & Anor, R v [2005] EWCA Crim 2168 (26 August 2005)

Section 71 of the Criminal Justice Act 1988 provides no discretion to take repayments into account in confiscation orders unless specific statutory exceptions apply, and there was no evidence of any agreement or understanding with the Crown that would justify staying the proceedings as an abuse of process.

Source-derived case information.

Citation
[2005] EWCA Crim 2168
Parties
Prosecutor: The Queen; Appellant: Farhat Mahmood; Appellant: Atteeque Shahin
Jurisdiction
England and Wales
Judgment Date
26 August 2005
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Money Laundering, Abuse of Process, Restitution
Criminal Law Confiscation Orders Money Laundering Abuse of Process Restitution

Source-derived case record

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Parties

The Queen

Prosecutor

Farhat Mahmood

Appellant

Atteeque Shahin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the judge had discretion under s.71 of the Criminal Justice Act 1988 to take into account repayments made by the appellants when making confiscation orders
  2. 2 Whether the confiscation proceedings should be stayed as an abuse of process due to alleged agreement or understanding with the Crown regarding restitution

Ratio Decidendi

Section 71 of the Criminal Justice Act 1988 provides no discretion to take repayments into account in confiscation orders unless specific statutory exceptions apply, and there was no evidence of any agreement or understanding with the Crown that would justify staying the proceedings as an abuse of process.

Court Disposition

appeal dismissed

Orders

  • confiscation orders upheld
  • no variation or quashing of confiscation orders