The court considered the effect of the decision in Clarke, and concluded that if the court is not permitted to make a confiscation order together with an order for conditional discharge, it may then become necessary to impose a different, more punitive sentence, rather than the order for conditional discharge, because without the order for confiscation, the defendant’s criminality would not be sufficiently addressed.
Citations:
[2009] EWCA Crim 2733
Links:
Statutes:
Proceeds of Crime Act 2002 6, Powers of Criminal Courts (Sentencing) Act 2000 12
Citing:
Cited – Clarke v Regina CACD 12-Jun-2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: . .
Cited by:
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 13 August 2022; Ref: scu.396431
