Evwierhowa, R. v

Evwierhowa, R. v

The applicable confiscation regime is determined by the date of the offence as stated in the indictment and admitted by the plea, not by the date of the first overt act. Since the conspiracy offence commenced before the 2002 Act came into force, the Criminal Justice Act 1988 applies.

Source-derived case information.

Parties
Respondent: Regina; Appellant: John Evwierhoma
Jurisdiction
England and Wales
Judgment Date
04 February 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Proceedings, Transitional Provisions, Criminal Conspiracy, Application of Statutes
Criminal Law Proceeds of Crime Confiscation Proceedings Transitional Provisions Criminal Conspiracy Application of Statutes

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Parties

Regina

Respondent

John Evwierhoma

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the Criminal Justice Act 1988 or the Proceeds of Crime Act 2002 applies to confiscation proceedings for offences spanning the commencement date of the 2002 Act
  2. 2 Whether the date of the conspiracy as stated in the indictment or the date of the first overt act determines the applicable confiscation regime

Ratio Decidendi

The applicable confiscation regime is determined by the date of the offence as stated in the indictment and admitted by the plea, not by the date of the first overt act. Since the conspiracy offence commenced before the 2002 Act came into force, the Criminal Justice Act 1988 applies.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The confiscation order in the sum of £6220 stands.