R v Josephine Iyamu
The applicant failed to rebut the statutory assumptions under POCA 2002 regarding the benefit figure and property value; the judge's apportionment of value between land and building was reasonable in the absence of evidence; no grounds of appeal had merit or prospect of success.
- Parties
- Applicant: Josephine Iyamu; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Extension of Time to Appeal Confiscation Order
- Outcome
- Renewed application for extension of time refused
- Legal Topics
- Confiscation Order, Modern Slavery, Trafficking, Benefit Figure Assessment, Criminal Lifestyle Assumptions
Case Brief
Summary, issues, holding and outcome
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Parties
Josephine Iyamu
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Appeal Confiscation Order
Legal Issues
- 1 Whether the benefit figure in the confiscation order was correctly calculated
- 2 Whether the statutory assumptions under POCA 2002 were properly applied
- 3 Whether the apportionment of property value between land and building was reasonable
Ratio Decidendi
The applicant failed to rebut the statutory assumptions under POCA 2002 regarding the benefit figure and property value; the judge's apportionment of value between land and building was reasonable in the absence of evidence; no grounds of appeal had merit or prospect of success.
Court Disposition
Renewed application for extension of time refused
Orders
- Application for extension of time to appeal confiscation order is refused
Full Case Text
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