Khan & Ors, R. v

Khan & Ors, R. v

Confiscation orders were quashed because they were made on the basis of outdated regulations, and the applicants were not personally liable for duty under the correct, amended regulations.

Source-derived case information.

Parties
Appellant: Robert Khan; Appellant: Frank Lockett; Appellant: Daniel Carrington; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
confiscation orders quashed
Legal Topics
Tobacco Smuggling, Confiscation Orders, Regulatory Error
Criminal Law Confiscation Proceedings Tobacco Smuggling Confiscation Orders Regulatory Error

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Khan

Appellant

Frank Lockett

Appellant

Daniel Carrington

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether confiscation orders were validly made under the correct regulations for tobacco smuggling cases after 1st June 2001

Ratio Decidendi

Confiscation orders were quashed because they were made on the basis of outdated regulations, and the applicants were not personally liable for duty under the correct, amended regulations.

Court Disposition

confiscation orders quashed

Orders

  • Time to appeal extended
  • Leave to appeal granted