Magro, R v [2010] EWCA Crim 1575 (08 July 2010)

Magro, R v [2010] EWCA Crim 1575 (08 July 2010)

The Court is bound by the decision in Clarke, which prohibits confiscation orders when an absolute or conditional discharge is imposed, despite arguments that the statutory regime permits such orders; only the Supreme Court can overturn Clarke.

Citation
[2010] EWCA Crim 1575
Parties
Prosecution: R; Applicant: Magro; Applicant: Brissett; Applicant: Smith; Applicant: Varma
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Varma's appeal allowed; time extended; point of law certified; other applications adjourned pending Supreme Court decision.
Legal Topics
Confiscation Orders, Absolute Discharge, Conditional Discharge, Sentencing Powers, Jurisdiction of Crown Court
Criminal Law Confiscation Orders Absolute Discharge Conditional Discharge Sentencing Powers Jurisdiction of Crown Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R

Prosecution

Magro

Applicant

Brissett

Applicant

Smith

Applicant

Varma

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Does the Crown Court have power to make a confiscation order when the sentence is absolute or conditional discharge?
  2. 2 Is the decision in R v Clarke [2009] EWCA Crim 1074 binding and correct?

Ratio Decidendi

The Court is bound by the decision in Clarke, which prohibits confiscation orders when an absolute or conditional discharge is imposed, despite arguments that the statutory regime permits such orders; only the Supreme Court can overturn Clarke.

Court Disposition

Varma's appeal allowed; time extended; point of law certified; other applications adjourned pending Supreme Court decision.

Orders

  • Varma's confiscation order quashed.
  • Time extended for Varma's appeal.