Panesar, R. v

Panesar, R. v

The judge erred by failing to apply statutory assumptions to the equity in the respondent's home after finding that tainted funds were used to pay off the mortgage. The entire equity should be included in the benefit figure for confiscation, as the legislative policy is to deprive criminals of proceeds, and there was no serious risk of injustice in doing so.

Parties
Applicant: Regina; Respondent: Parvinder Singh Panesar
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Criminal Lifestyle, Benefit From Criminal Conduct, Statutory Assumptions, Proportionality
Criminal Law Proceeds of Crime Confiscation Order Criminal Lifestyle Benefit From Criminal Conduct Statutory Assumptions Proportionality

Case Brief

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Parties

Regina

Applicant

Parvinder Singh Panesar

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the respondent's equity in his home should be included in the benefit figure for confiscation under POCA 2002
  2. 2 Whether the judge erred in excluding certain assets from the benefit calculation
  3. 3 Application of statutory assumptions under section 10 POCA 2002

Ratio Decidendi

The judge erred by failing to apply statutory assumptions to the equity in the respondent's home after finding that tainted funds were used to pay off the mortgage. The entire equity should be included in the benefit figure for confiscation, as the legislative policy is to deprive criminals of proceeds, and there was no serious risk of injustice in doing so.

Court Disposition

appeal allowed

Orders

  • Benefit figure substituted at £174,087
  • Available amount set at £174,087