JS and JP (Proceeds Of Crime Ruling) [2020] EW Misc 2 (CrownC) (14 February 2020)

JS and JP (Proceeds Of Crime Ruling) [2020] EW Misc 2 (CrownC) (14 February 2020)

JP was found to be a co-obtainer of the total benefit of £1,714,671.61, as she was at the heart of the operation, controlled the house, cash, and bank cards, and jointly benefitted from the conspiracy. The available amount for confiscation is £89,000, comprising cash and her Polish property. JS was found to have obtained only the benefit of Mr Kolodziejczak’s wages (£1,485.03), as the prosecution did not prove he controlled other accounts. The confiscation orders are proportionate and do not breach Article 1 Protocol 1 ECHR.

Citation
[2020] EW Misc 2 (CrownC)
Parties
Defendant: JP; Defendant: JS; Prosecution: The Crown
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Confiscation Proceedings Under POCA 2002 / Post Conviction, Asset Recovery
Outcome
Confiscation orders granted against JP and JS.
Legal Topics
Confiscation Order, Joint Benefit, Asset Recovery, Modern Slavery, Burden of Proof, Proportionality, Human Rights
Criminal Law Proceeds of Crime Human Trafficking Confiscation Order Joint Benefit Asset Recovery Modern Slavery Burden of Proof +2 more

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Parties

JP

Defendant

JS

Defendant

The Crown

Prosecution

Procedural Posture

Confiscation Proceedings Under POCA 2002 / Post Conviction, Asset Recovery

Legal Issues

  1. 1 Whether JP and JS jointly or individually obtained benefit from the proceeds of crime for the purposes of confiscation under POCA 2002
  2. 2 Whether the benefit figures and available amounts are proportionate and supported by evidence
  3. 3 Whether the confiscation order infringes Article 1 Protocol 1 ECHR

Ratio Decidendi

JP was found to be a co-obtainer of the total benefit of £1,714,671.61, as she was at the heart of the operation, controlled the house, cash, and bank cards, and jointly benefitted from the conspiracy. The available amount for confiscation is £89,000, comprising cash and her Polish property. JS was found to have obtained only the benefit of Mr Kolodziejczak’s wages (£1,485.03), as the prosecution did not prove he controlled other accounts. The confiscation orders are proportionate and do not breach Article 1 Protocol 1 ECHR.

Court Disposition

Confiscation orders granted against JP and JS.

Orders

  • JP: Benefit figure declared at £1,714,671.61; available amount £89,000; £13,000 to be paid within 21 days; £76,000 to be paid within 3 months from sale of Polish property; 9 months imprisonment in default of payment.
  • JS: Benefit figure declared at £1,485.03; available amount nil; nominal order of £1 payable in 21 days; 2 days imprisonment in default.