Hesketh, R. v [2006] EWCA Crim 2596 (03 November 2006)

Hesketh, R. v [2006] EWCA Crim 2596 (03 November 2006)

The respondent successfully rebutted the statutory assumptions that the funds in his accounts were proceeds of crime by providing credible evidence that they were gambling winnings. The court found on the balance of probabilities that the sums were not the proceeds of criminal activity, and therefore the...

Source-derived case information.

Citation
[2006] EWCA Crim 2596
Parties
Appellant: Regina; Respondent: Christopher John Hesketh
Jurisdiction
England and Wales
Judgment Date
03 November 2006
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal allowed in part; confiscation order reduced
Legal Topics
Confiscation Orders, Proceeds of Crime, Assumptions Under Criminal Justice Act 1988, Benefit From Criminal Conduct, Gambling Proceeds, Burden of Proof
Criminal Law Confiscation Orders Proceeds of Crime Assumptions Under Criminal Justice Act 1988 Benefit From Criminal Conduct Gambling Proceeds Burden of Proof

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Summary, issues, holding and outcome

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Parties

Regina

Appellant

Christopher John Hesketh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the statutory assumptions under section 72AA(4) Criminal Justice Act 1988 regarding the source of assets and expenditure were properly applied to the respondent
  2. 2 Whether the respondent rebutted the assumptions that funds in his accounts were proceeds of crime rather than gambling winnings
  3. 3 Whether there would be a serious risk of injustice if the assumptions were maintained

Ratio Decidendi

The respondent successfully rebutted the statutory assumptions that the funds in his accounts were proceeds of crime by providing credible evidence that they were gambling winnings. The court found on the balance of probabilities that the sums were not the proceeds of criminal activity, and therefore the confiscation order should be limited to the actual benefit from the two motor vehicles handled as stolen goods.

Court Disposition

Appeal allowed in part; confiscation order reduced

Orders

  • Confiscation order reduced to £69,000, representing the value of the two motor vehicles.
  • Order to pay £69,000 within six months from 3rd October 2006.