R v Fawaz Miah

R v Fawaz Miah

Section 51 of the Criminal Justice Act 2003 empowers courts to permit defendants to give evidence via live link in confiscation proceedings if the interests of justice are satisfied; the Recorder properly exercised discretion and made proportionate factual findings based on the evidence.

Parties
Respondent: Rex; Appellant: Fawaz Miah
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Live Link Evidence, Criminal Procedure, Fraud, Sentencing
Criminal Law Proceeds of Crime Confiscation Order Live Link Evidence Criminal Procedure Fraud Sentencing

Case Brief

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Parties

Rex

Respondent

Fawaz Miah

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether section 51 of the Criminal Justice Act 2003 permits a defendant to give evidence via live link in confiscation proceedings
  2. 2 Whether the discretion to allow evidence via live link was properly exercised
  3. 3 Whether the Recorder made incorrect factual findings regarding the available amount

Ratio Decidendi

Section 51 of the Criminal Justice Act 2003 empowers courts to permit defendants to give evidence via live link in confiscation proceedings if the interests of justice are satisfied; the Recorder properly exercised discretion and made proportionate factual findings based on the evidence.

Court Disposition

appeal dismissed

Orders

  • Confiscation order of £246,071 upheld
  • Appellant to serve 30 months' imprisonment in default of payment