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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Chigunwe, R. v [2023] EWCA Crim 1040 (31 August 2023)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2023/1040.html
Cite as: [2023] EWCA Crim 1040

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WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
Neutral Citation Number: [2023] EWCA Crim 1040
CASE NO 202202442/B2

IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
Strand
London
WC2A 2LL
31 August 2023

B e f o r e :

LORD JUSTICE MALES
MR JUSTICE HOLGATE
MR JUSTICE HILLIARD
____________________

REX
- v -
TICHIPIWA CHIGUNWE

APPEAL AGAINST RECEIVERSHIP DECISION UNDER S.65 PROCEEDS OF CRIME ACT 2002

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Computer Aided Transcript of Epiq Europe Ltd,
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: [email protected] (Official Shorthand Writers to the Court)

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NON-COUNSEL APPLICATION
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HTML VERSION OF JUDGMENT
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  1. MR JUSTICE HOLGATE: Pursuant to the leave of the single judge, the appellant, Mr Tichipiwa Chigunwe, seeks to challenge the Enforcement Receivership Order made in the Crown Court.

  2. It is proposed by the parties that the matter be dealt with by a Consent Order. The Court has carefully considered the terms of the Order and is prepared to approve it. Consequently, the appeal against the Enforcement Receiver Order is allowed by amending the Enforcement Receivership Order as follows:

    3. "1. The Enforcement Receivership Order made by HHJ Rowland on 7 July 2022 is amended as follows:
    (a) The declaration that the defendant holds the entire beneficial interest in (Asset 2) is amended to 'the defendant holds 55 per cent of the beneficial interest in the net proceeds of sale of 2 Burnaby Close'.
    (b) The declaration that the defendant holds the entire beneficial interest in (Asset 3) is amended to 'the defendant holds 55 per cent of the beneficial interest in the net proceeds of sale of 15 Cottage Close)

    2. No order as to costs."
  3. That Order is agreed by the appellant, by the defendant, Ronald Chigunwe and by the respondent, the Crown Prosecution.

  4. We approve the terms of that Order. To this limited extent only the appeal is allowed.

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URL: http://www.bailii.org/ew/cases/EWCA/Crim/2023/1040.html