Threapleton, R v [2001] EWCA Crim 2892 (19th December, 2001)

Threapleton, R v [2001] EWCA Crim 2892 (19th December, 2001)

The costs order was unlawful as it was made before the confiscation order, contrary to statutory requirements. The judge was not bound to proceed on the version of facts most favourable to the defendant for the confiscation order; the determination is objective and based on benefit actually accrued.

Citation
[2001] EWCA Crim 2892
Parties
Respondent: Regina; Appellant: Michael Threapleton
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Costs Order and Application for Leave to Appeal Against Confiscation Order
Outcome
Appeal against costs order allowed; costs order quashed. Leave to appeal against confiscation order refused.
Legal Topics
Confiscation Orders, Costs Orders, Corruption, Bribery
Criminal Law Confiscation Orders Costs Orders Corruption Bribery

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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Respondent

Michael Threapleton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Costs Order and Application for Leave to Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether a costs order can lawfully be made before a confiscation order under the Criminal Justice Act 1988
  2. 2 Whether the judge is bound to proceed on the version of facts most favourable to the defendant when making a confiscation order

Ratio Decidendi

The costs order was unlawful as it was made before the confiscation order, contrary to statutory requirements. The judge was not bound to proceed on the version of facts most favourable to the defendant for the confiscation order; the determination is objective and based on benefit actually accrued.

Court Disposition

Appeal against costs order allowed; costs order quashed. Leave to appeal against confiscation order refused.

Orders

  • Costs order quashed
  • Leave to appeal against confiscation order refused