Morfitt, R v

Morfitt, R v

The appeal is dismissed because the confiscation order was made with the appellant's clear and unambiguous consent, after legal advice, and there is no evidence that the process was unfair or that the court lacked jurisdiction. The prosecution's approach, even if questionable, was not determinative since the appellant could have contested the figures but chose to agree them. There are no exceptional circumstances warranting the setting aside of the consent order.

Parties
Appellant: John Robert Morfitt; Respondent: R.
Jurisdiction
England and Wales
Judgment Date
25 May 2017
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal dismissed
Legal Topics
Confiscation Order, Criminal Lifestyle, Benefit Calculation, Consent Orders, Appeal Procedure
Criminal Law Proceeds of Crime Confiscation Order Criminal Lifestyle Benefit Calculation Consent Orders Appeal Procedure

Case Brief

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Parties

John Robert Morfitt

Appellant

R.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order made under section 6 of the Proceeds of Crime Act 2002 should be quashed when the benefit and available amount figures were agreed by the parties and approved by the judge
  2. 2 Whether the prosecution's approach to calculating the benefit figure was wrong in law
  3. 3 Whether the appellant's consent to the confiscation order precludes an appeal

Ratio Decidendi

The appeal is dismissed because the confiscation order was made with the appellant's clear and unambiguous consent, after legal advice, and there is no evidence that the process was unfair or that the court lacked jurisdiction. The prosecution's approach, even if questionable, was not determinative since the appellant could have contested the figures but chose to agree them. There are no exceptional circumstances warranting the setting aside of the consent order.

Court Disposition

Appeal dismissed