Gabriel, R. v [2006] EWCA Crim 229 (02 February 2006)

Gabriel, R. v [2006] EWCA Crim 229 (02 February 2006)

The Recorder's direction to the jury failed to clarify that profits from legitimate trading, even if undeclared, do not constitute criminal property under section 329 unless criminal conduct is proven; the convictions are unsafe as the jury may have convicted on an improper basis.

Source-derived case information.

Citation
[2006] EWCA Crim 229
Parties
Appellant: Janis Gabriel; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
02 February 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
Proceeds of Crime, Money Laundering, Benefit Fraud, Income Tax Fraud
Criminal Law Proceeds of Crime Money Laundering Benefit Fraud Income Tax Fraud

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Parties

Janis Gabriel

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether possession of money from legitimate trade not declared to authorities constitutes criminal property under section 329 of the Proceeds of Crime Act 2002
  2. 2 Whether the jury was properly directed on the definition of criminal property and the relevance of dishonesty

Ratio Decidendi

The Recorder's direction to the jury failed to clarify that profits from legitimate trading, even if undeclared, do not constitute criminal property under section 329 unless criminal conduct is proven; the convictions are unsafe as the jury may have convicted on an improper basis.

Court Disposition

appeal allowed; convictions quashed

Orders

  • convictions quashed