Appeal from confiscation order, asking ‘What is the correct approach to calculating benefit in a remortgage case in which the defendant acquires property legitimately by means of untainted funds and subsequently obtains a fraudulently-induced loan/remortgage if, by the time of the confiscation hearing, the defendant has (a) repaid the lender or (b) undertaken to repay the lender the sum due under the loan/remortgage?’
Judges:
Treacy LJ, Carr DBE, Phillips JJ
Citations:
[2018] EWCA Crim 628
Links:
Statutes:
Theft Act 1968, Proceeds of Crime Act 2002 6
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 13 April 2022; Ref: scu.608705
