A, R. v [2007] EWCA Crim 2868 (04 December 2007)

A, R. v [2007] EWCA Crim 2868 (04 December 2007)

The judge's ruling that there was no case to answer was reasonable in the circumstances, as there was insufficient evidence of criminal conduct by AD, whose conduct formed the basis of the prosecution's case. The absence of admissible evidence of AD's criminality meant the prosecution could not establish a prima facie case against the respondent.

Citation
[2007] EWCA Crim 2868
Parties
Appellant: Regina; Respondent: A
Jurisdiction
England and Wales
Judgment Date
04 December 2007
Procedural Posture
Criminal Appeal / Prosecution Application for Leave to Appeal Against No Case to Answer Ruling
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Corruption, No Case to Answer, Admissibility of Evidence
Criminal Law Proceeds of Crime Corruption No Case to Answer Admissibility of Evidence

Case Brief

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Parties

Regina

Appellant

A

Respondent

Procedural Posture

Criminal Appeal / Prosecution Application for Leave to Appeal Against No Case to Answer Ruling

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no case to answer for the respondent on charges of concealing, disguising, converting or transferring proceeds of criminal conduct.
  2. 2 Whether the judge erred in refusing to admit a statement from a potential witness (AD) who was not present.

Ratio Decidendi

The judge's ruling that there was no case to answer was reasonable in the circumstances, as there was insufficient evidence of criminal conduct by AD, whose conduct formed the basis of the prosecution's case. The absence of admissible evidence of AD's criminality meant the prosecution could not establish a prima facie case against the respondent.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal against the no case to answer ruling dismissed.