Ali v R

Ali v R

The applicant failed to displace statutory presumptions regarding the criminal provenance of assets and did not provide credible evidence to show his available assets were less than the benefit figure. There was no reasonable excuse for failing to adduce fresh evidence during the original proceedings, and the Recorder's findings on asset calculation and credibility were open to him on the evidence.

Parties
Applicant: Imtiaz Ali; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order
Outcome
Applications for leave to appeal and to admit fresh evidence refused; confiscation order upheld.
Legal Topics
Confiscation Order, MTIC Fraud, Statutory Presumptions, Fresh Evidence, Asset Valuation
Criminal Law Proceeds of Crime Confiscation Order MTIC Fraud Statutory Presumptions Fresh Evidence Asset Valuation

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Parties

Imtiaz Ali

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order under POCA was correctly made
  2. 2 Whether fresh evidence should be admitted
  3. 3 Whether statutory presumptions regarding criminal lifestyle were properly applied

Ratio Decidendi

The applicant failed to displace statutory presumptions regarding the criminal provenance of assets and did not provide credible evidence to show his available assets were less than the benefit figure. There was no reasonable excuse for failing to adduce fresh evidence during the original proceedings, and the Recorder's findings on asset calculation and credibility were open to him on the evidence.

Court Disposition

Applications for leave to appeal and to admit fresh evidence refused; confiscation order upheld.

Orders

  • Application for leave to appeal refused
  • Application to admit fresh evidence refused