Moss v The Crown

Moss v The Crown

The Recorder's findings were flawed as he failed to make the necessary findings that the Appellant had benefited to the extent of not less than £5,000 from the conduct constituting the offences charged, relied improperly on the Appellant's intention, and did not properly analyse the temporal and causal connection between the offences and the alleged benefit. The confiscation and costs orders were therefore quashed.

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

Case Brief

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Parties

Eric John Moss

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (confiscation and Costs Order)

Legal Issues

  1. 1 Whether the Recorder was wrong to find that the Appellant had benefited from the offences to which he pleaded guilty and so had no power to make a confiscation order
  2. 2 Whether the confiscation order was disproportionate or unfair

Ratio Decidendi

The Recorder's findings were flawed as he failed to make the necessary findings that the Appellant had benefited to the extent of not less than £5,000 from the conduct constituting the offences charged, relied improperly on the Appellant's intention, and did not properly analyse the temporal and causal connection between the offences and the alleged benefit. The confiscation and costs orders were therefore quashed.

Court Disposition

Appeal allowed; confiscation and costs orders quashed.

Orders

  • Confiscation order quashed
  • Costs order in the sum of £8,000 quashed