Silvester, R v

Silvester, R v

The confiscation order was wrong in principle because the sentencing judge was not informed of the Bank's intention to pursue civil proceedings, which would have given him discretion under s.71(1C) of the Criminal Justice Act 1988. The order was made without the judge being in possession of the true factual position, and thus must be quashed.

Parties
Respondent: Regina; Appellant: Michael John Silvester
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order After Conviction and Sentencing
Outcome
Appeal allowed; confiscation order quashed
Legal Topics
Confiscation Orders, Compensation Orders, Double Recovery, Civil Proceedings by Victim
Criminal Law Proceeds of Crime Confiscation Orders Compensation Orders Double Recovery Civil Proceedings by Victim

Case Brief

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Parties

Regina

Respondent

Michael John Silvester

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order After Conviction and Sentencing

Legal Issues

  1. 1 Whether the confiscation order was wrong in principle where the victim had pursued and recovered a civil judgment
  2. 2 Whether the sentencing judge was properly informed of the Bank's intention to pursue civil proceedings
  3. 3 Whether the court should exercise discretion to make a confiscation order or compensation order when civil proceedings are intended or ongoing

Ratio Decidendi

The confiscation order was wrong in principle because the sentencing judge was not informed of the Bank's intention to pursue civil proceedings, which would have given him discretion under s.71(1C) of the Criminal Justice Act 1988. The order was made without the judge being in possession of the true factual position, and thus must be quashed.

Court Disposition

Appeal allowed; confiscation order quashed

Orders

  • Confiscation order quashed
  • Sum not to be returned to the appellant for 42 days to allow the Bank to secure its judgment