Regina v Davies (Derrick): CACD 6 Nov 2003

The defendant was convicted of having in his possession goods bearing a a sign identical to or likely to be mistaken for a registered trademark. A confiscation order was made, which he now appealed.
Held: Under section 71, a person benefitted from the offence if he obtained property as a result of or inconnection with its offence. The defendant asserted that there had not been a qualifying offence. There had been. The offences were motivated by the desire for gain. In this case the goods were property, and had been acquired in connection with the commission of the offence. There were in fact two qualifying offences here, and the appeal failed.


Waller LJ, Hughes J, Dame Heather Steel


Times 21-Nov-2003


Proceeds of Crime Act 1995 2, Criminal Justice Act 1988 71


England and Wales

Intellectual Property, Crime

Updated: 27 August 2022; Ref: scu.188244