Younis, R. v [2008] EWCA Crim 2950 (21 November 2008)

Younis, R. v [2008] EWCA Crim 2950 (21 November 2008)

Section 23 of the Proceeds of Crime Act 2002 does not permit a defendant to relitigate findings as to hidden assets made in original confiscation proceedings; only changes to the available amount since the order was made may be considered.

Source-derived case information.

Citation
[2008] EWCA Crim 2950
Parties
Prosecution: Regina; Applicant: Shaed Younis
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Refusal to Vary Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Variation of Confiscation Orders, Hidden Assets, Abuse of Process
Criminal Law Proceeds of Crime Confiscation Orders Variation of Confiscation Orders Hidden Assets Abuse of Process

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Parties

Regina

Prosecution

Shaed Younis

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Refusal to Vary Confiscation Order

Legal Issues

  1. 1 Whether section 23 of the Proceeds of Crime Act 2002 allows a defendant to relitigate findings on hidden assets made in original confiscation proceedings
  2. 2 Whether the applicant can challenge previous findings as to realisable assets in variation proceedings

Ratio Decidendi

Section 23 of the Proceeds of Crime Act 2002 does not permit a defendant to relitigate findings as to hidden assets made in original confiscation proceedings; only changes to the available amount since the order was made may be considered.

Court Disposition

appeal dismissed

Orders

  • leave to appeal granted
  • representation order made for Mr T McKinnon