John, R. v [2014] EWCA Crim 1240 (12 June 2014)

John, R. v [2014] EWCA Crim 1240 (12 June 2014)

It is just to include general damages from a civil claim in the available amount for a revised confiscation order under section 22 of POCA, but not special damages intended to reimburse specific expenses incurred due to injury. The exercise is fact-specific and must balance competing considerations.

Citation
[2014] EWCA Crim 1240
Parties
Appellant: Leon John; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, After Acquired Assets, Damages From Civil Claims, Section 22 POCA
Criminal Law Proceeds of Crime Confiscation Order After Acquired Assets Damages From Civil Claims Section 22 POCA

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Parties

Leon John

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether damages from a civil claim arising from personal injury can be included in a revised confiscation order under section 22 of POCA
  2. 2 Whether a distinction should be made between general and special damages for the purposes of confiscation

Ratio Decidendi

It is just to include general damages from a civil claim in the available amount for a revised confiscation order under section 22 of POCA, but not special damages intended to reimburse specific expenses incurred due to injury. The exercise is fact-specific and must balance competing considerations.

Court Disposition

appeal allowed in part

Orders

  • The confiscation order is varied to exclude £10,000 for special damages.
  • The revised confiscation order is in the sum of £26,389.44, of which £7,200 has been paid.