Source: All England Reporter
Publisher Citation: [2012] All ER (D) 113 (May)
Neutral Citation: [2012] EWCA Crim 902
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Macur J and Sir Geoffrey Grigson
Representation The defendant appeared in person.
  Ian Dixey (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 10 May 2012

Catchwords

Criminal Law - Trial - Obtaining money transfer by deception and converting/concealing criminal property - Judge - Police investigating defendant as to circumstances in which obtained mortgage - Police obtaining warrant to search defendant's property - Police finding cash in excess of £300,000 in property (search) - Cash contaminated with heroin - Defendant previously being convicted of possession cannabis with intent to supply - Defendant's conviction subsequently being quashed due to fact of police officers lying (fact) - At trial for obtaining money transfer by deception and converting/concealing criminal property (offences), defendant seeking to exclude evidence of search on basis of breaches of relevant legislation - Judge ruling breaches not rendering search unlawful (ruling) - Prosecution counsel referring to fact in closing remarks - Defendant being convicted of offences - Defendant appealing - Whether ruling outwith range of reasonable conclusions - Whether prosecution counsel wrong to refer to fact - Whether conviction safe - .

The Case

Criminal Law Trial. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against conviction for: (i) obtaining a money transfer by deception; (ii) converting criminal property; and (iii) concealing criminal property, but allowing his appeal against a total sentence of nine years' imprisonment, held that, on the evidence, the judge had not been entitled to take the view that all of the money had been derived from drug-trafficking.

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