The appellant had been found to have received criminal proceeds along with another. He appealed against an order making him liable for the full amount.
Held: The appeal failed. The defendant’s argument did not face the finding that he had been acting jointly with his co-defendants. ‘The committee cannot, however, regard it as disproportionate to make an order depriving a defendant of a benefit which he has in fact and in law obtained, within the limits of his realisable assets.’
Lord Bingham of Cornhill, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Carswell, and Lord Brown of Eaton-under-Heywood)
[2008] UKHL 30, Times 19-May-2008, [2008] 2 WLR 1154, [2008] 1 AC 1053
Bailii, HL
Drug Trafficking Act 1994 1(3)
England and Wales
Citing:
See Also – Crown Prosecution Service v Jennings HL 14-May-2008
The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit.
Held: . .
Cited – Lazarus, Regina v CACD 24-Aug-2004
. .
Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Cited – Green, Regina v CACD 25-May-2007
Two defendants had been convicted as principals of conspiracy to supply drugs. The defendant appealed a confiscation order.
Held: Where the two defendants had been convicted of jointly receiving the proceeds, each defendant was properly made . .
Cited – May and Others, Regina v CACD 28-Jan-2005
. .
Cited – Regina v Simons CACD 4-Jun-1993
The appellant had bought five consignments of drugs from a Hong Kong supplier and sold them on to an African buyer, from whom in each case he had received the purchase price which he had paid on to the supplier. He appealed confiscation orders in . .
Cited by:
See Also – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Cited – Basso and Another v Regina CACD 19-May-2010
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income . .
Cited – Seager, Regina v; Regina v Blatch CACD 26-Jun-2009
The court considered how to determine in the context of applications for confiscation orders, the value of the ‘benefit’ obtained by an offender who has been guilty of managing a company as a director in contravention of a director’s . .
Cited – Mackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 November 2021; Ref: scu.267672
