R v Betty Lamptey

R v Betty Lamptey

The confiscation and compensation order was made on a false basis as to the available amount and necessity for compensation, as Barclays Bank had already recovered the loan and suffered no uncompensated loss.

Parties
Appellant: Betty Lamptey; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Compensation, Fraud, Identity Documents, Appeal Out of Time
Criminal Law Proceeds of Crime Confiscation Order Compensation Fraud Identity Documents Appeal Out of Time

Case Brief

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Parties

Betty Lamptey

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Confiscation Order

Legal Issues

  1. 1 Whether the confiscation and compensation order against the appellant was properly made based on the available amount and loss to the bank
  2. 2 Whether the Crown Court had correct information regarding the account balance and necessity for compensation

Ratio Decidendi

The confiscation and compensation order was made on a false basis as to the available amount and necessity for compensation, as Barclays Bank had already recovered the loan and suffered no uncompensated loss.

Court Disposition

appeal allowed

Orders

  • confiscation and compensation order against the appellant quashed
  • accrued interest on the outstanding loan quashed