Kausar, R. v

The Court of Appeal granted leave to appeal against a conviction for acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act 2002. It made no ruling on the statutory issue. The substantive appeal was to address whether that offence may properly be charged against a person alleged to have obtained the same property by deception, including the timing of completion of the alleged predicate offence.

Rahila Kausar renewed an application for permission to appeal against her conviction for acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act 2002.

The applicant obtained leave to advance four grounds of appeal. The court directed the preparation of a final skeleton argument and invited assistance from the Crown Prosecution Service and relevant academic materials. The alleged predicate offence was obtaining a money transfer by deception contrary to section 15A of the Theft Act.

The central issue reserved for the substantive appeal was whether section 329(1)(a) could properly be used against the alleged deceiver who obtained the property.

1. Leave to appeal was granted on the four grounds advanced in the applicant's revised document.
2. The court did not determine the legality or practical propriety of the conviction under section 329(1)(a) of the Proceeds of Crime Act 2002. It identified that question as requiring substantial assistance at the substantive hearing.
3. The court noted that the alleged predicate offence was obtaining a money transfer by deception under section 15A of the Theft Act. It indicated that the completion of that offence, and its relationship in time to the alleged acquisition of criminal property, would require consideration.
4. The court ordered a self-contained final skeleton argument and reserved the case to Lord Justice Hooper if practicable.

• Court of Appeal (Criminal Division): granted renewed leave to appeal against the conviction.
• Court below: convicted the applicant of acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act 2002. The court and citation are not stated in the judgment.