Scragg, R v

Scragg, R v

The benefit figure under the Proceeds of Crime Act 2002 for property obtained and sold in the course of fraudulent trading is the greater of the value when obtained or the proceeds of sale, not the sum of both. Double counting is not permitted; the process is a single criminal enterprise leading to a single benefit per item.

Parties
Respondent: R; Appellant: Michael Garett Scragg
Jurisdiction
England and Wales
Judgment Date
23 November 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence (confiscation Order)
Outcome
appeal allowed
Legal Topics
Confiscation Order, Proceeds of Crime, Benefit Calculation, Fraudulent Trading
Criminal Law Confiscation Order Proceeds of Crime Benefit Calculation Fraudulent Trading

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Parties

R

Respondent

Michael Garett Scragg

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (confiscation Order)

Legal Issues

  1. 1 How should the benefit figure be calculated under the Proceeds of Crime Act 2002 for property obtained and subsequently sold in the course of fraudulent trading? Does the Act permit double counting of benefit for the same property?

Ratio Decidendi

The benefit figure under the Proceeds of Crime Act 2002 for property obtained and sold in the course of fraudulent trading is the greater of the value when obtained or the proceeds of sale, not the sum of both. Double counting is not permitted; the process is a single criminal enterprise leading to a single benefit per item.

Court Disposition

appeal allowed

Orders

  • Benefit figure reduced to £453,587.62 to be paid within six months.
  • Four years imprisonment in default of payment, consecutive to current sentence.