Straughan, R v

Straughan, R v

The confiscation order was invalid because there was no evidence that the applicant personally obtained benefit from the fraud, as required by Jennings v CPS [2008] UKHL 29.

Source-derived case information.

Parties
Prosecutor: Regina; Applicant: Linda Straughan
Jurisdiction
England and Wales
Judgment Date
28 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal allowed; confiscation order quashed.
Legal Topics
Confiscation Orders, Fraudulent Trading, Personal Benefit Requirement
Criminal Law Confiscation Orders Fraudulent Trading Personal Benefit Requirement

Source-derived case record

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Parties

Regina

Prosecutor

Linda Straughan

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order against the applicant was valid in light of the requirement for personal benefit as established in Jennings v CPS [2008] UKHL 29.

Ratio Decidendi

The confiscation order was invalid because there was no evidence that the applicant personally obtained benefit from the fraud, as required by Jennings v CPS [2008] UKHL 29.

Court Disposition

Appeal allowed; confiscation order quashed.

Orders

  • Confiscation order against Linda Straughan quashed.
  • Extension of time for appeal granted by 11 months and 19 days.