Moss v The Crown [2015] EWCA Crim 713 (28 April 2015)

Moss v The Crown [2015] EWCA Crim 713 (28 April 2015)

The confiscation order was flawed because the Recorder failed to make the necessary findings that the appellant benefited from the conduct constituting the offences to the extent required by POCA, relied improperly on the appellant's intention, and deferred consideration of benefit until analysis of general criminal...

Source-derived case information.

Citation
[2015] EWCA Crim 713
Parties
Appellant: Eric John Moss; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
28 April 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Confiscation Order
Outcome
Appeal allowed; confiscation and costs orders quashed.
Legal Topics
Confiscation Orders, Proceeds of Crime, Criminal Lifestyle, Benefit From Criminal Conduct, Costs Orders
Criminal Law Confiscation Orders Proceeds of Crime Criminal Lifestyle Benefit From Criminal Conduct Costs Orders

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Summary, issues, holding and outcome

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Parties

Eric John Moss

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Confiscation Order

Legal Issues

  1. 1 Whether the appellant benefited from the offences to which he pleaded guilty for the purposes of a confiscation order under POCA
  2. 2 Whether the confiscation order was disproportionate or unfair

Ratio Decidendi

The confiscation order was flawed because the Recorder failed to make the necessary findings that the appellant benefited from the conduct constituting the offences to the extent required by POCA, relied improperly on the appellant's intention, and deferred consideration of benefit until analysis of general criminal conduct. The prosecution's case and the Recorder's reasoning did not objectively establish the statutory requirements for a criminal lifestyle or benefit. Therefore, the confiscation and associated costs orders must be quashed.

Court Disposition

Appeal allowed; confiscation and costs orders quashed.

Orders

  • The confiscation order in the sum of £83,000 is quashed.
  • The costs order in the sum of £8,000 is quashed.