John, R. v

John, R. v

It is not just to include special damages, which compensate for specific expenses incurred due to injury, in the available amount for confiscation under section 22 of POCA, but general damages can be included. The confiscation order should be reduced by the amount of special damages.

Parties
Respondent: Regina; Appellant: Leon John
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order Under Section 22 of POCA
Outcome
Appeal allowed in part
Legal Topics
Confiscation Orders, Section 22 POCA, After Acquired Assets, General Vs Special Damages
Criminal Law Proceeds of Crime Confiscation Orders Section 22 POCA After Acquired Assets General Vs Special Damages

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Parties

Regina

Respondent

Leon John

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order Under Section 22 of POCA

Legal Issues

  1. 1 Whether compensation from a civil claim (general and special damages) can be included in a revised confiscation order under section 22 of POCA
  2. 2 Whether it is just to include special damages in the available amount for confiscation

Ratio Decidendi

It is not just to include special damages, which compensate for specific expenses incurred due to injury, in the available amount for confiscation under section 22 of POCA, but general damages can be included. The confiscation order should be reduced by the amount of special damages.

Court Disposition

Appeal allowed in part

Orders

  • Confiscation order varied to exclude £10,000 special damages; new total is £26,389.44, of which £7,200 has been paid
  • Order to be satisfied within two months, with 12 months' imprisonment in default