Steed v R.

Steed v R.

The appellant failed to prove the legitimate source of his assets and expenditure and could not rebut the statutory assumptions under POCA. The judge was entitled to find a criminal lifestyle, the benefit exceeded £5,000, and the offence was committed over at least six months. The appeal was dismissed.

Parties
Appellant: Gareth Edward Steed; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Criminal Lifestyle, Statutory Assumptions, Tax Evasion, Benefit From Criminal Conduct
Criminal Law Proceeds of Crime Confiscation Order Criminal Lifestyle Statutory Assumptions Tax Evasion Benefit From Criminal Conduct

Case Brief

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Parties

Gareth Edward Steed

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the appellant had a 'criminal lifestyle' under POCA
  2. 2 Whether the statutory assumptions under POCA were properly applied
  3. 3 Whether the benefit exceeded the statutory minimum

Ratio Decidendi

The appellant failed to prove the legitimate source of his assets and expenditure and could not rebut the statutory assumptions under POCA. The judge was entitled to find a criminal lifestyle, the benefit exceeded £5,000, and the offence was committed over at least six months. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Confiscation order in the sum of £707,200 affirmed
  • Default sentence of four years' imprisonment affirmed