Sharma v Regina: CACD 31 Jan 2006

The defendant obtained 179,000 pounds by fraud paid into a company account of which he was the sole signatory. A confiscation order was made against him in the sum of 179,000 pounds. He now argued that this figure should have been reduced to take account of sums paid out by the defendant to his fellow conspirators. Held; His argument was rejected. A person who receives money into his bank account obtains it from the source from which it is derived and, where he is the sole signatory on the account, he obtains the money and has possession of it for his own benefit.
Where the defendants have not jointly obtained the benefit, but there has been a disposal by one member of a criminal enterprise to another who knowingly receives it, each is treated as the recipient of a benefit to the extent of the value of the money which has come into the possession of each of them. The amount of the benefit a defendant obtains is not affected by the amount which might be obtained by others to whom he transfers any part of the benefit.

Citations:

[2006] EWCA Crim 16, [2006] 2 Cr App R (S) 416, [2006] 2 Cr App Rep (S) 63, [2006] Crim LR 651

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 04 October 2022; Ref: scu.270234