After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000).
Held: The defendant was unable to set off against the amount ordered to be paid any sum which he might have recovered by way of working family tax credit had he declared his earnings. The court was not under a duty to inquire as to the extent to which the defendant’s false claim was only a notional benefit.
Judges:
Rose LJ, David Steel, Hallett JJ
Citations:
[2005] EWCA Crim 491, Times 11-Mar-2005
Links:
Statutes:
Social Security Administration Act 1992
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Currey CACD 1995
The defendant was one of four conspirators who had between them obtained andpound;220,000 by fraud. There was no evidence before the trial judge to enable him to determine how the proceeds had been divided between the conspirators or, it seems, to . .
Cited – Regina v May; Regina v Bravard; Regina v Stapleton CACD 28-Jan-2005
The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part.
Cited – Regina v Smith (David) CACD 2002
When considering the making of a confiscation order, the court was not to make any allowance for the fact that the property had been destroyed. . .
Cited – Regina v Patel CACD 2000
The defendent pleaded guilty to conspiring to obtain property by deception. He admitted receiving a total of andpound;51,920.
Held: This amount represented his benefit from his relevant criminal conduct for the purpose of the Act. That he had . .
Lists of cited by and citing cases may be incomplete.
Crime, Benefits
Updated: 29 June 2022; Ref: scu.223364