Basso & Anor v R

Basso & Anor v R

The benefit for confiscation under POCA is the gross value of property obtained by the offender, not net profit after expenses. The confiscation proceedings were not an abuse of process as they followed statutory requirements, and the judge was correct not to pierce the corporate veil or deduct business expenses...

Source-derived case information.

Parties
Appellant: Luigi Del Basso; Appellant: Bradley Goodwin; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 May 2010
Procedural Posture
Criminal Appeal / Appeal From Crown Court Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Criminal Benefit Calculation, Abuse of Process, Piercing the Corporate Veil, Planning Enforcement
Criminal Law Proceeds of Crime Planning Law Confiscation Orders Criminal Benefit Calculation Abuse of Process Piercing the Corporate Veil Planning Enforcement

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Parties

Luigi Del Basso

Appellant

Bradley Goodwin

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Crown Court Confiscation Order

Legal Issues

  1. 1 Whether the benefit for confiscation under POCA should be calculated as turnover or net profit
  2. 2 Whether the confiscation proceedings constituted an abuse of process
  3. 3 Whether the corporate veil should be pierced to include company receipts in the benefit calculation

Ratio Decidendi

The benefit for confiscation under POCA is the gross value of property obtained by the offender, not net profit after expenses. The confiscation proceedings were not an abuse of process as they followed statutory requirements, and the judge was correct not to pierce the corporate veil or deduct business expenses from the benefit figure.

Court Disposition

appeal dismissed

Orders

  • Confiscation order against Mr Del Basso in the sum of £760,000 confirmed
  • Confiscation order against Mr Goodwin confirmed as nil due to bankruptcy