Castillo, R. v

Castillo, R. v

The maximum default term for a confiscation order exceeding £1 million is 10 years, but proportionality requires consideration of the amount relative to the bracket's floor; for £3 million, a nine-year default term is appropriate rather than the maximum.

Parties
Respondent: Regina; Appellant: German Castillo
Jurisdiction
England and Wales
Judgment Date
13 December 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Confiscation Orders, Default Sentences, VAT Fraud, Proceeds of Crime
Criminal Law Asset Recovery Confiscation Orders Default Sentences VAT Fraud Proceeds of Crime

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Parties

Regina

Respondent

German Castillo

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Appropriate default term for non-payment of confiscation order
  2. 2 Application of proportionality in fixing default sentences
  3. 3 Purpose of default term in asset recovery

Ratio Decidendi

The maximum default term for a confiscation order exceeding £1 million is 10 years, but proportionality requires consideration of the amount relative to the bracket's floor; for £3 million, a nine-year default term is appropriate rather than the maximum.

Court Disposition

appeal allowed in part

Orders

  • Order for 10-year default term quashed
  • Nine-year default term substituted