Evidence and Variation of Confiscation Orders: R v O'Flaherty (Carl Anthony) (Court of Appeal Criminal Division, 29th of October 2018)
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Charanjit Singh
Dr. Charanjit Singh is a widely published academic, a barrister and a Certified Civil and Commercial Mediator. He has built up extensive expertise in criminal evidence and his current research focuses on biometric and forensic evidence, terrorism and serious and organised criminality, and employment law. Direct contact can be made on: Doctor.CSingh@gmail.com.
Abstract
The appellant (O'Flaherty) (O) was appealing against two confiscation orders. In short, this case demonstrates that a judge can increase the value of a confiscation order made pursuant to s. 22 of the Proceeds of Crime Act 2002 (POCA) where adequate evidence is presented. The increase resulted from the fact that the Crown had discovered a further asset (property) that could be realized. O contended that a third party had an interest in the property and the value of the confiscation orders should not be increased. After questioning O and the third party the judge concluded that O's claim was not made out and the judge had not erred.
About the author
Dr. Charanjit Singh is a widely published academic, a barrister and a Certified Civil and Commercial Mediator. He has built up extensive expertise in criminal evidence and his current research focuses on biometric and forensic evidence, terrorism and serious and organised criminality, and employment law. Direct contact can be made on: Doctor.CSingh@gmail.com.
© 2018 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Case Report
- Evidence and Variation of Confiscation Orders: R v O'Flaherty (Carl Anthony) (Court of Appeal Criminal Division, 29th of October 2018)
- Article
- The Indian Evidence Act and Recent Formulations of the Exclusionary Discretion in Singapore: Not Quite Different Rivers into the Same Sea
- Book Review
- Criminal Evidence: Evidencing Defences to Murder. R v Goodwin (Anthony Gerard) [2018] EWCA Crim 2287
Articles in the same Issue
- Case Report
- Evidence and Variation of Confiscation Orders: R v O'Flaherty (Carl Anthony) (Court of Appeal Criminal Division, 29th of October 2018)
- Article
- The Indian Evidence Act and Recent Formulations of the Exclusionary Discretion in Singapore: Not Quite Different Rivers into the Same Sea
- Book Review
- Criminal Evidence: Evidencing Defences to Murder. R v Goodwin (Anthony Gerard) [2018] EWCA Crim 2287
