Identifying the Criminal Conduct Giving Rise to Criminal Property R v Kuchhadia [2015] EWCA Crim 1252

摘要

The appellant, KK, was convicted of fraud and converting criminal property. The fraud concerned KK's application to Barclays Bank for a mortgage of £3.9 million. The offence of converting criminal property related to his admitted purchase of high-value motor vehicles. It was agreed that KK had paid no tax between 2004 and 2010, when the vehicles were purchased, nor submitted tax returns either in his own name or in the name of a company he controlled. This case note concerns only the circumstances of the conviction for converting criminal property. Section 327(1)(c) of the Proceeds of Crime Act 2002 ('the Act') simply states that a person commits an offence if he converts criminal property. Criminal property is defined by section 340(3) which provides: Property is criminal property if - a. it constitutes a person's benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and b. the alleged offender knows or suspects it constitutes or represents such a benefit.