The defendant had been convicted of stealing petrol to use in his hire-purchase car. The court ordered cessation of his interest in the car as part of its sentence. He appealed.
Held: The appeal succeeded. After the order had been made, the appellant had sold the car (which had not been taken into the possession of the police) with the consent of the hire purchase company. The court declined to examine whether the order had been properly made, but observed that the power under section 143 only affected the rights of the offender, that the finance company that had provided the hire purchase would have been bound to succeed under section 1 of the 1897 Act and the guidance in Troth should be followed.
Judges:
Richards LJ, Bean, Spencer JJ
Citations:
[2011] EWCA Crim 826, [2011] 2 Cr App Rep (S) 106, [2011] Crim LR 567
Links:
Statutes:
Powers of the Criminal Courts (Sentencing) Act 2000 143, Police Property Act 1897 1
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Troth CACD 1979
The offender, a partner in a business, used a lorry which was partnership property to steal coal. The other partner was unaware of that use. An order had been made in the Crown Court to deprive the offender of his rights in the lorry.
Held: . .
Cited by:
Cited – O’Leary International Ltd v North Wales Police Admn 31-May-2012
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 04 October 2022; Ref: scu.450295