Williams, R. v [2000] EWCA Crim 3531 (26 October 2000)

Williams, R. v [2000] EWCA Crim 3531 (26 October 2000)

It is permissible to impose both a confiscation order and a compensation order in identical sums where both represent the same loss, as the statutory scheme intends to strip the offender of the proceeds of crime and compensate victims, and the court is not required to make allowance for the value of work performed...

Source-derived case information.

Citation
[2000] EWCA Crim 3531
Parties
Appellant: Appellant (unnamed); Respondent: Crown (Prosecution)
Jurisdiction
England and Wales
Judgment Date
26 October 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Orders (confiscation and Compensation)
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Compensation Orders, Fraud, Sentencing, Powers of Criminal Courts
Criminal Law Confiscation Orders Compensation Orders Fraud Sentencing Powers of Criminal Courts

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Parties

Appellant (unnamed)

Appellant

Crown (Prosecution)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Orders (confiscation and Compensation)

Legal Issues

  1. 1 Whether the imposition of both a confiscation order and a compensation order in identical sums is permissible where both represent the same loss
  2. 2 Whether allowance should be made for the value of work performed by the defendant when making compensation orders

Ratio Decidendi

It is permissible to impose both a confiscation order and a compensation order in identical sums where both represent the same loss, as the statutory scheme intends to strip the offender of the proceeds of crime and compensate victims, and the court is not required to make allowance for the value of work performed in such criminal proceedings.

Court Disposition

appeal dismissed

Orders

  • confiscation order in the sum of £141,950 upheld
  • compensation order in the sum of £141,000 upheld