Bakewell, R. v

Bakewell, R. v

The respondent obtained a pecuniary advantage equal to the value of the duties evaded by facilitating the importation of contraband cigarettes, and this benefit is not negated or limited by the basis of plea, which did not address the statutory pecuniary advantage. The confiscation order must reflect the total of the evaded duty and the value of the tyres received.

Parties
Appellant: Regina; Respondent/defendant: Russell Joseph Bakewell
Jurisdiction
England and Wales
Judgment Date
11 January 2006
Procedural Posture
Criminal Appeal / Appeal From Crown Court Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Order, Pecuniary Advantage, Duty Evasion, Basis of Plea
Criminal Law Proceeds of Crime Confiscation Order Pecuniary Advantage Duty Evasion Basis of Plea

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Appellant

Russell Joseph Bakewell

Respondent/defendant

Procedural Posture

Criminal Appeal / Appeal From Crown Court Confiscation Order

Legal Issues

  1. 1 Whether the benefit obtained by the respondent for purposes of confiscation under POCA includes the value of duties evaded or is limited to the value of the tyres received
  2. 2 Whether the basis of plea precludes a confiscation order reflecting the evaded duty

Ratio Decidendi

The respondent obtained a pecuniary advantage equal to the value of the duties evaded by facilitating the importation of contraband cigarettes, and this benefit is not negated or limited by the basis of plea, which did not address the statutory pecuniary advantage. The confiscation order must reflect the total of the evaded duty and the value of the tyres received.

Court Disposition

appeal allowed

Orders

  • Confiscation order against Russell Joseph Bakewell in the sum of £403,959.67
  • Two years imprisonment in default of payment