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R v Tichipiwa Chigunwe

[2023] EWCA Crim 1040

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.

This Transcript is Crown Copyright.  It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority.  All rights are reserved.

IN THE COURT OF APPEAL
CRIMINAL DIVISION

NCN: [2023] EWCA Crim 1040

CASE NO 202202442/B2

Royal Courts of Justice

Strand

London

WC2A 2LL

Thursday 31 August 2023

Before:

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

__________

Computer Aided Transcript of Epiq Europe Ltd,

Lower Ground, 18-22 Furnival Street, London EC4A 1JS

Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)

_________

NON-COUNSEL APPLICATION

_________

J U D G M E N T

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:

"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.

Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof.

Lower Ground, 18-22 Furnival Street, London EC4A 1JS

Tel No: 020 7404 1400

Email: rcj@epiqglobal.co.uk

R v Tichipiwa Chigunwe

[2023] EWCA Crim 1040

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