Fazal, R. v

Fazal, R. v

Permitting one's bank account to be used for the deposit, retention, and withdrawal of criminal property, with the requisite knowledge or suspicion, constitutes converting criminal property under section 327(1)(c) of the Proceeds of Crime Act 2002, even if the physical acts are performed by others.

Parties
Prosecutor: Regina; Appellant: Mohammed Yassen Fazal
Jurisdiction
England and Wales
Judgment Date
09 June 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Money Laundering, Conversion of Criminal Property, Mens Rea
Criminal Law Proceeds of Crime Money Laundering Conversion of Criminal Property Mens Rea

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Parties

Regina

Prosecutor

Mohammed Yassen Fazal

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's actions constituted 'converting criminal property' under section 327(1)(c) of the Proceeds of Crime Act 2002
  2. 2 Whether the appellant had the requisite mens rea (knowledge or suspicion) that the property was criminal property

Ratio Decidendi

Permitting one's bank account to be used for the deposit, retention, and withdrawal of criminal property, with the requisite knowledge or suspicion, constitutes converting criminal property under section 327(1)(c) of the Proceeds of Crime Act 2002, even if the physical acts are performed by others.

Court Disposition

appeal dismissed