Paulet, R.
The court held that, in light of R v Carter, earnings obtained by false representation to secure employment are a benefit from criminal conduct and subject to confiscation. However, the court acknowledged the possibility of oppression in exceptional cases and adjourned the appeal pending policy guidance from the Director of Public Prosecutions.
- Parties
- Applicant: Didier Paulet; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 18 February 2009
- Procedural Posture
- Criminal Appeal / Adjourned Pending Policy Guidance
- Outcome
- appeal adjourned
- Legal Topics
- Confiscation Order, Pecuniary Advantage by Deception, False Identity Documents, Abuse of Process, Oppression in Confiscation Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Didier Paulet
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Adjourned Pending Policy Guidance
Legal Issues
- 1 Whether earnings obtained through false representations constitute benefit from criminal conduct under the Proceeds of Crime Act 2002
- 2 Whether the confiscation order was oppressive and constituted an abuse of process
Ratio Decidendi
The court held that, in light of R v Carter, earnings obtained by false representation to secure employment are a benefit from criminal conduct and subject to confiscation. However, the court acknowledged the possibility of oppression in exceptional cases and adjourned the appeal pending policy guidance from the Director of Public Prosecutions.
Court Disposition
appeal adjourned
Orders
- Appeal adjourned pending policy guidance from the Director of Public Prosecutions.
- Director requested to issue guidance on confiscation proceedings.
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