The appellants had been convicted of facilitating a breach of immigration law after employing illegal immigrants in their Chinese restaurant. They had been made subject to an order treating the entire receipts of the business as criminal proceeds.
Held: Toulson LJ said that if the appellants been forthcoming about the real part played in the business by these employees, they might have been able to show that the ‘true benefit’ was relatively modest.
Judges:
Toulson LJ
Citations:
[2008] EWCA Crim 2372
Links:
Jurisdiction:
England and Wales
Cited by:
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 06 December 2022; Ref: scu.277326