Olubitan v R.

Olubitan v R.

On the evidence, the appellant had not obtained any property or pecuniary advantage from the conspiracy, as his involvement was limited to the intercepted dummy consignment; therefore, no benefit could be attributed to him under section 71 of the Criminal Justice Act 1988.

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

Case Brief

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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 a confiscation order under section 71 of the Criminal Justice Act 1988

Ratio Decidendi

On the evidence, the appellant had not obtained any property or pecuniary advantage from the conspiracy, as his involvement was limited to the intercepted dummy consignment; therefore, no benefit could be attributed to him under section 71 of the Criminal Justice Act 1988.

Court Disposition

appeal allowed

Orders

  • confiscation order quashed