Panesar, R. v [2008] EWCA Crim 1643 (17 July 2008)

Panesar, R. v [2008] EWCA Crim 1643 (17 July 2008)

The judge erred in failing to include the equity in the respondent's home in the benefit figure after finding that tainted funds were used to pay off the mortgage on the previous property. The statutory assumptions under POCA 2002 required the inclusion of the full equity, and proportionality did not justify...

Source-derived case information.

Citation
[2008] EWCA Crim 1643
Parties
Appellant: Regina; Respondent: Parvinder Singh Panesar
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Criminal Lifestyle, Benefit From Criminal Conduct, Statutory Assumptions, Proportionality, Application of Proceeds of Crime Act 2002
Criminal Law Proceeds of Crime Confiscation Order Criminal Lifestyle Benefit From Criminal Conduct Statutory Assumptions Proportionality Application of Proceeds of Crime Act 2002

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Summary, issues, holding and outcome

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Parties

Regina

Appellant

Parvinder Singh Panesar

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the judge erred in excluding the equity in the respondent's home from the benefit figure for confiscation purposes under the Proceeds of Crime Act 2002
  2. 2 Whether the judge was entitled to make a notional finding of legitimate income above declared earnings
  3. 3 Whether the statutory assumptions under section 10 of POCA 2002 were correctly applied

Ratio Decidendi

The judge erred in failing to include the equity in the respondent's home in the benefit figure after finding that tainted funds were used to pay off the mortgage on the previous property. The statutory assumptions under POCA 2002 required the inclusion of the full equity, and proportionality did not justify exclusion. The benefit figure must be increased to reflect the equity in the property.

Court Disposition

appeal allowed

Orders

  • Benefit figure increased to £174,087
  • Available amount set at £174,087