Ernest, R v [2014] EWCA Crim 1312 (04 July 2014)

Ernest, R v [2014] EWCA Crim 1312 (04 July 2014)

The Crown Court was correct to include the sums transferred into the bank accounts as benefit obtained from general criminal conduct, applying statutory assumptions, but erred in including additional expenditure based on a cost of living index without evidence that such expenditure was not already accounted for in the bank accounts; the recoverable amount is reduced to the sum in the bank accounts.

Citation
[2014] EWCA Crim 1312
Parties
Appellant: Regina; Respondent: Sam Ernest
Jurisdiction
England and Wales
Judgment Date
04 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Proceeds of Crime, Criminal Lifestyle, Benefit Calculation, Statutory Assumptions
Criminal Law Confiscation Order Proceeds of Crime Criminal Lifestyle Benefit Calculation Statutory Assumptions

Case Brief

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Parties

Regina

Appellant

Sam Ernest

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the Crown Court erred in calculating the amount of benefit for confiscation under the Proceeds of Crime Act 2002
  2. 2 Whether legitimate business income and expenditure should be excluded from the benefit calculation
  3. 3 Whether the Crown Court erred in relying on a cost of living index to infer expenditure

Ratio Decidendi

The Crown Court was correct to include the sums transferred into the bank accounts as benefit obtained from general criminal conduct, applying statutory assumptions, but erred in including additional expenditure based on a cost of living index without evidence that such expenditure was not already accounted for in the bank accounts; the recoverable amount is reduced to the sum in the bank accounts.

Court Disposition

appeal allowed in part

Orders

  • confiscation order quashed to the extent of £308,380.29
  • substituted order for payment of £209,280.29