Olubitan v R. [2003] EWCA Crim 2940 (07 November 2003)

Olubitan v R. [2003] EWCA Crim 2940 (07 November 2003)

On the evidence, the appellant had not obtained any property or pecuniary advantage from his participation in the conspiracy; section 71 does not permit attribution of benefit absent factual basis.

Source-derived case information.

Citation
[2003] EWCA Crim 2940
Parties
Appellant: Ayodele Olusegun Olubitan; Respondent: R.
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Conspiracy to Defraud, Benefit From Criminal Conduct
Criminal Law Confiscation Orders Conspiracy to Defraud Benefit From Criminal Conduct

Source-derived case record

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Parties

Ayodele Olusegun Olubitan

Appellant

R.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the appellant benefited from relevant criminal conduct for purposes of section 71 Criminal Justice Act 1988
  2. 2 Proper construction of section 71 regarding benefit in conspiracy cases

Ratio Decidendi

On the evidence, the appellant had not obtained any property or pecuniary advantage from his participation in the conspiracy; section 71 does not permit attribution of benefit absent factual basis.

Court Disposition

appeal allowed

Orders

  • confiscation order quashed