Jawad v R

Jawad v R

A confiscation order is only disproportionate if it requires the defendant to pay for a second time money that has actually been restored to the loser; the mere making of a compensation order does not suffice. Double counting is only avoided where there is certainty of repayment. The benefit from general criminal...

Source-derived case information.

Parties
Appellant: Mohid Jawad; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Criminal Appeal / Appeal From Crown Court Confiscation and Compensation Orders
Outcome
conditional allowance of appeal
Legal Topics
Confiscation Orders, Compensation Orders, Double Counting, Article 1 Protocol 1 ECHR, Money Laundering, Enforcement of Orders
Criminal Law Proceeds of Crime Confiscation Orders Compensation Orders Double Counting Article 1 Protocol 1 ECHR Money Laundering Enforcement of Orders

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Summary, issues, holding and outcome

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Parties

Mohid Jawad

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Crown Court Confiscation and Compensation Orders

Legal Issues

  1. 1 Whether a confiscation order that includes sums also subject to a compensation order constitutes double counting and is disproportionate under Article 1 Protocol 1 ECHR
  2. 2 Whether the making of a compensation order requires reduction of the confiscation order
  3. 3 Whether benefit from general criminal conduct in a lifestyle case excludes benefit from particular criminal conduct

Ratio Decidendi

A confiscation order is only disproportionate if it requires the defendant to pay for a second time money that has actually been restored to the loser; the mere making of a compensation order does not suffice. Double counting is only avoided where there is certainty of repayment. The benefit from general criminal conduct in a lifestyle case includes particular criminal conduct. The appeal is allowed to the extent that, if the appellant repays the compensation sum within 28 days, the confiscation order will be reduced by that amount; otherwise, the appeal is dismissed.

Court Disposition

conditional allowance of appeal

Orders

  • If the appellant repays £64,086.76 plus interest to Lloyds Bank within 28 days, the confiscation order is reduced by that amount; otherwise, the appeal is dismissed.