Clark & Anor, R. v

Clark & Anor, R. v

The judge erred in assessing Clark's benefit as the full value of the cars handled without making clear findings as to whether Clark obtained the cars as jointly owned property or merely as a bailee/facilitator for a fee. The authorities require a factual determination of the capacity in which the property was received, and the evidence did not establish joint ownership or profit-sharing by Clark. The confiscation order against Clark was therefore quashed and remitted for reconsideration.

Parties
Respondent: R; Appellant: Martin Clark; Applicant: Raymond Severn
Jurisdiction
England and Wales
Judgment Date
25 January 2011
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order Following Conviction
Outcome
Clark's appeal allowed; confiscation order quashed and remitted. Severn's renewed application for leave to appeal refused.
Legal Topics
Confiscation Orders, Benefit From Criminal Conduct, Role of Conspirators, Proceeds of Crime Act 2002
Criminal Law Proceeds of Crime Confiscation Orders Benefit From Criminal Conduct Role of Conspirators Proceeds of Crime Act 2002

Case Brief

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Parties

R

Respondent

Martin Clark

Appellant

Raymond Severn

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order Following Conviction

Legal Issues

  1. 1 Whether the appellant Clark obtained benefit equivalent to the value of the stolen cars for the purposes of a confiscation order under POCA 2002
  2. 2 Whether the trial judge erred in assessing Clark's benefit as the full value of the cars handled
  3. 3 Whether Clark's role was that of a principal conspirator or a bailee/custodian for fee

Ratio Decidendi

The judge erred in assessing Clark's benefit as the full value of the cars handled without making clear findings as to whether Clark obtained the cars as jointly owned property or merely as a bailee/facilitator for a fee. The authorities require a factual determination of the capacity in which the property was received, and the evidence did not establish joint ownership or profit-sharing by Clark. The confiscation order against Clark was therefore quashed and remitted for reconsideration.

Court Disposition

Clark's appeal allowed; confiscation order quashed and remitted. Severn's renewed application for leave to appeal refused.

Orders

  • Quash the confiscation order against Clark and remit the question of benefit to the Crown Court for redetermination.
  • Refuse Severn's renewed application for leave to appeal.