Kai Xu & Anor, R. v

It was not realistic or just to conclude that the entirety of the business receipts flowed from the employment of illegal immigrants, as the business would have continued lawfully. The benefit should be assessed as a proportion of receipts attributable to the illegal employees, inferred as a quarter of the receipts over the relevant period.

Parties: Prosecutor: Regina; Appellant: David Kai Xu; Appellant: Lu Xu
Jurisdiction: England and Wales
Judgment Date: 15 October 2008
Procedural Posture: Criminal Appeal / Appeal Against Confiscation Order
Outcome: confiscation order quashed and substituted with a new figure based on a quarter of business receipts during the relevant period; application for leave to appeal on other grounds refused
Legal Topics: Confiscation Order, Benefit Assessment, Immigration Offences

Criminal Law Proceeds of Crime Confiscation Order Benefit Assessment Immigration Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3

Parties

Regina

Prosecutor

David Kai Xu

Appellant

Lu Xu

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

1 Whether the Recorder erred in assessing the benefit for confiscation as the entire receipts of the business during the period illegal immigrants were employed
2 Whether the approach in Neuberg should have been applied to the facts of this case

Ratio Decidendi

Court Disposition

confiscation order quashed and substituted with a new figure based on a quarter of business receipts during the relevant period; application for leave to appeal on other grounds refused

Orders

Confiscation order amount to be recalculated as a quarter of receipts over the relevant period
Default period of imprisonment remains at three years