Shabir, R. v
The court declined to decide the confiscation issue without clear factual findings and directed further clarification of the factual basis for the sums agreed at trial.
Source-derived case information.
- Parties
- Appellant: Mohammed Shabir; Respondent: Regina (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 07 March 2008
- Procedural Posture
- Criminal Appeal / Interlocutory Appellate Ruling
- Outcome
- Renewed application for leave to appeal against conviction refused; confiscation issue adjourned for further factual clarification.
- Legal Topics
- False Accounting, Money Transfer by Deception, Confiscation Proceedings, Criminal Lifestyle Provisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Shabir
Appellant
Regina (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Appellate Ruling
Legal Issues
- 1 Determination of benefit under Proceeds of Crime Act 2002 for false accounting
- 2 Whether the benefit is the full amount claimed or only the proven dishonest sum
- 3 Implications of multiple counts for criminal lifestyle provisions
Ratio Decidendi
The court declined to decide the confiscation issue without clear factual findings and directed further clarification of the factual basis for the sums agreed at trial.
Court Disposition
Renewed application for leave to appeal against conviction refused; confiscation issue adjourned for further factual clarification.
Orders
- Counsel to provide a statement clarifying sums agreed at trial and supporting documentation two weeks prior to next hearing.
- Matter to be listed not before 15th April with skeleton arguments to follow agreed material.
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