Leeming, R v [2008] EWCA Crim 2753 (4 November 2008)

Leeming, R v [2008] EWCA Crim 2753 (4 November 2008)

The confiscation order was wrongly made because the judge exceeded his powers under section 17(3) by treating the appellant as accepting benefit from criminal conduct, and proceeded without notice or presence of the appellant, resulting in an unfair hearing. The correct benefit figure, as agreed by both parties and supported by evidence, is £221,331.

Citation
[2008] EWCA Crim 2753
Parties
Prosecutor: Regina; Appellant: Jonathan Leeming
Jurisdiction
England and Wales
Judgment Date
04 November 2008
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Criminal Lifestyle Offence, Section 17(3) Proceeds of Crime Act 2002, Section 75 Proceeds of Crime Act 2002, Section 10 Statutory Assumptions, Fair Hearing
Criminal Law Proceeds of Crime Confiscation Order Criminal Lifestyle Offence Section 17(3) Proceeds of Crime Act 2002 Section 75 Proceeds of Crime Act 2002 Section 10 Statutory Assumptions Fair Hearing

Case Brief

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Parties

Regina

Prosecutor

Jonathan Leeming

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order was lawfully made under section 17(3) of the Proceeds of Crime Act 2002
  2. 2 Whether the appellant received a fair confiscation hearing
  3. 3 Whether the statutory assumptions under section 10 and section 75 of the Proceeds of Crime Act 2002 were properly applied

Ratio Decidendi

The confiscation order was wrongly made because the judge exceeded his powers under section 17(3) by treating the appellant as accepting benefit from criminal conduct, and proceeded without notice or presence of the appellant, resulting in an unfair hearing. The correct benefit figure, as agreed by both parties and supported by evidence, is £221,331.

Court Disposition

appeal allowed in part

Orders

  • Original confiscation order quashed
  • Substituted confiscation order in the sum of £221,331