Criminal Law

20.06.14

No bar to confiscation for absconders

In Charles Okedare [2014] EWCA 1173 the Appellant had absconded before his trial for conspiracy to defraud and following conviction in his absence the trial judge made a confiscation order against him in the sum of £29050.62 (amounting to half his interest in the matrimonial home). He appealed on the basis that the Court had…

CPS liable for Receiver's fees

The Supreme Court handed down judgment to conclude the Eastenders litigation on 8 May (Barnes v the Eastenders Group [2014] UKSC 26). In this case, a busy Crown Court judge had granted applications for restraint and receivership orders brought by the CPS which involved the piercing of the corporate veil of the respondent company whose…

10.06.14

New fraud sentencing guidelines published

New fraud sentencing guidelines have been published (they can be found here) and will take effect from 1 October 2014. The new guidelines include conspiracy to defraud and cheating the public revenue. They assess seriousness and culpability in a slightly more detailed fashion then the existing guidelines. There is no distinction between conspiracy to defraud and…

9.06.14

Prime Minister's nanny is victim of revenge porn posts

David Cameron’s nanny has been the victim of a revenge porn posting this week.  The nanny who is said to have a close relationship with the Prime Minister’s wife, Samantha Cameron, believes that an ex-boyfriend may be responsible for the posting of intimate pictures on three adult websites.  Her real name is not disclosed on…

21.05.14

#OpCotton ruling reversed

The Court of Appeal has reversed the decision by His Honour Judge Leonard QC to stay the indictment in Operation Cotton case as an abuse of the court’s process. In a landmark ruling, His Honour Judge Leonard QC stayed the indictment against Mr Crawley, who is represented by Brett Wilson LLP, on 1 May after…

20.05.14

Wasted Costs and the CPS

It is interesting to read two recent decisions on wasted costs applications by the defence against the CPS particularly in the newish world where privately paying defendants are unable to recoup the costs of a successful defence. In Geoffrey Counsell, Bristol Crown Court, 13 March 2014, Mr Justice Simon ruled on an application brought by the defendant’s…

12.02.14

CA guidance on disclosure in confiscation cases

In Onuigbo [2014] EWCA 65 the Court of Appeal was concerned with a confiscation order in the sum of £2.6m made following conviction for various money laundering offences arising out of fraudulent conduct in Nigeria which spanned a period of about 6 years prior to and after the enactment of POCA 2002. In fact, the…

11.02.14

CA warning to private prosecutors

In Virgin Media Ltd v Zinga [2014] EWCA 52 the Court of Appeal was faced with a fascinating conundrum. As has become increasingly common amongst media companies in particular, Virgin had brought a private prosecution against the Appellant who had been selling set top boxes with software to enable premium services. The Appellant was convicted…

21.01.14

Disparity in fraud sentences lawful

In Dosanjh [2013] EWCA 2366 the appellants had been convicted of a £39m MTIC VAT fraud. The three appellants were sentenced to 15 years, 11 years and 9 years respectively. Each was disqualified as acting as a director for a period of 12 years. Clare Montgomery QC appeared on behalf of the first appellant Dosanjh….

20.12.13

Confiscation can carry on biting

Mr Padda (Padda 2013 EWCA 2330) discovered to his horror how his attempt to turn around his life by setting up a legitimate business led him back into the Crown Court for a re-consideration of his available amount. This case should provide a salutary warning about the ability of the prosecution to seek to satisfy…