Summers, R. v

Summers, R. v

The appellant failed to discharge the burden of proving that his realisable assets were less than the benefit figure; the judge was entitled to make a broad assessment; the confiscation order of £4 million was not manifestly excessive or wrong in principle.

Parties
Respondent: Regina; Appellant: Michael Summers
Jurisdiction
England and Wales
Judgment Date
05 March 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Burden of Proof, Hidden Assets, Criminal Benefit, Realisable Assets
Criminal Law Proceeds of Crime Confiscation Order Burden of Proof Hidden Assets Criminal Benefit Realisable Assets

Case Brief

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Parties

Regina

Respondent

Michael Summers

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order of £4 million was manifestly excessive or wrong in principle
  2. 2 Whether the judge erred in the assessment of realisable assets and the burden of proof

Ratio Decidendi

The appellant failed to discharge the burden of proving that his realisable assets were less than the benefit figure; the judge was entitled to make a broad assessment; the confiscation order of £4 million was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed

Orders

  • The appeal against the confiscation order is dismissed.