Modjiri, R. v

Modjiri, R. v

Section 79(3) of POCA requires the court to value the defendant's beneficial interest in property at its proportionate share of the market value of the property as a whole, regardless of practical difficulties in realisation or trust deed restrictions. The judge erred in holding the value to be nil; the correct...

Source-derived case information.

Parties
Appellant: The Queen; Respondent: Hassan Modjiri
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
prosecution's appeal allowed; confiscation order set aside
Legal Topics
Confiscation Order, Valuation of Beneficial Interest, Enforcement of Confiscation Orders
Criminal Law Proceeds of Crime Confiscation Order Valuation of Beneficial Interest Enforcement of Confiscation Orders

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Parties

The Queen

Appellant

Hassan Modjiri

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 How should the market value of a defendant's beneficial interest in jointly owned property be determined for the purposes of a confiscation order under POCA?
  2. 2 Does the inability to realise a beneficial interest without co-owner consent render its value nil under POCA?

Ratio Decidendi

Section 79(3) of POCA requires the court to value the defendant's beneficial interest in property at its proportionate share of the market value of the property as a whole, regardless of practical difficulties in realisation or trust deed restrictions. The judge erred in holding the value to be nil; the correct approach is to include 25% of the market value of the property, less costs of sale, in the available amount for the confiscation order.

Court Disposition

prosecution's appeal allowed; confiscation order set aside

Orders

  • Confiscation order made by the judge set aside.
  • Parties to agree the market value of the property; if not, a short hearing to determine value will be held.