Court : House of Lords
..... lord lloyd went on to give his views on the provision which became section 58 at para 14.8: its purpose is similar to that of the offence of possession described above and the case in favour of retaining the power is very much the same. ..... whilst the presence of mental illness may be relevant to [gs] motivation for committing the alleged index offences, his mental illness would not have prevented him forming the necessary intent nor does dr qurashi express such an opinion. 15 ..... (3) subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court - (a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or (b) may accept a fact as sufficient evidence unless a particular matter is proved. ..... but that approach is only possible because the circumstances giving rise to the offence are always essentially similar and so it is possible to envisage what could be a reasonable excuse for doing what it prohibits ..... so the crown will have established the defendants guilt of the section 57(1) offence by proving beyond reasonable doubt that he possessed the fertiliser in circumstances giving rise to a reasonable suspicion that his possession was for a purpose connected with the commission etc of an act of terrorism ..... it is, of course, not the possession of the items themselves which constitutes the offence, but possession in such circumstances as to give rise to a reasonable suspicion of their connection with .....
Tag this Judgment!Court : House of Lords
..... that is the view that the judge took, holding the defendant responsible for all the proceeds of the offence, a responsibility he could not normally shed because his accomplices had got away with their respective shares (although under the legislation as it then stood the court had a discretion to mitigate the effect of its conclusion). 29 ..... he had benefited (section 71(4)) if he had obtained property as a result of or in connection with the commission of the offence or offences, and if (section 71(5)) he had derived a pecuniary advantage as a result of the offending he was to be treated as if he had obtained a sum of money equal to the value of the pecuniary advantage ..... section 71(4) of the 1988 act provided that the defendants benefit was the value of the property he had obtained as a result of or in connection with the commission of the relevant criminal offence, and the value of a pecuniary advantage (section 71(5)) was the money value of that advantage. 22. ..... the course of his ruling the judge said that the fact that he may not have personally received all or some of the money in relation to any of those offences is immaterial for the initial purpose of determining the total benefit ...". ..... the committees objective was to restore the status quo before an offence had been committed and recommended that the courts should have power to make confiscation orders, but recommended that only the net profits of offending should be confiscated (pp 74-75, and p 151, recommendation 12). 8 .....
Tag this Judgment!Court : House of Lords
..... a person who provides funds to someone living with a listed person knows or has reason to suspect that she will use those funds to make money or convertible assets available for his use, he may commit the offence of indirectly making those funds available to or for the benefit of the listed person. ..... finally, the licence warns mrs m that it is a criminal offence to give cash, financial assets or economic resources to her husband. 12. ..... and in any case, the treasury position is not that mrs m requires a licence to receive benefit payments because of the possibility that she may commit the offence of providing funds or convertible assets to mr m. .....
Tag this Judgment!Court : House of Lords
..... by the court of appeal as involved in its decision in this case was expressed in these terms: where any payment or other reward in connection with drug trafficking is received jointly by two or more persons acting as principals to a drug trafficking offence as defined in section 1(3) of the drug trafficking act 1994, does the value of each persons proceeds of drug trafficking within the meaning of section 4(1)(b) of that act include the whole of the value of such payment or reward? ..... the appellant pleaded guilty on 13 may 2004 at manchester crown court before judge steiger qc to three counts of drug-related offences: conspiracy to supply class a and b drugs, conspiracy to launder the proceeds of drug trafficking and conspiracy to import controlled drugs. .....
Tag this Judgment!Court : House of Lords
..... " the husband's offence in that case was much more than refusal of intercourse, and i cannot regard that case as an authority that mere refusal of intercourse would warrant a decree of adherence; some remedy would have been necessary on the other .....
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