The benefit from criminal activity had been pounds 396,000-odd and the Crown had been able positively to prove realisable assets worth pounds 214,000-odd in the hands of the defendant. Held: Taylor LJ considered the terms of section 4(3): ‘If the court is satisfied that the amount that might be realised at the time the confiscation … Continue reading Regina v Ilsemann: CACD 1990
The defendant had been convicted of supplying cannabis resin. He received a payment 2,500 and appealed a confiscation order for that amount, saying that the profit was much less. Held: In section 2(1)(a) the phrase ‘any payments’ had a wide interpretation and was not restricted to the net profits of trafficking. It can include any … Continue reading Regina v Smith (Ian): CACD 1989
The defendant had pleaded guilty to offences of obtaining property by deception, The judge discussed the issue of the obtaining of benefit saying: ‘The fact that he may not have personally received all or some of the money in relation to any of those offences is immaterial for the initial purpose of determining the total … Continue reading Regina v Rees: 19 Jul 1990