Reynolds & Ors, R, v [2017] EWCA Crim 1455 (06 October 2017)

Reynolds & Ors, R, v [2017] EWCA Crim 1455 (06 October 2017)

The correct valuation of criminal benefit is the profit made by GPL on its sales to LCC, less VAT paid, amounting to £253,421.79. Confiscation orders are enforceable in full against each respondent, subject to prevention of multiple recovery and not exceeding the available amount for each respondent.

Source-derived case information.

Citation
[2017] EWCA Crim 1455
Parties
Appellant: Regina; Respondent: Stephen Reynolds; Respondent: Anna Maria Reynolds; Respondent: Valerie Farnish; Respondent: Malcolm Farnish
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Orders
Outcome
Appeal allowed; confiscation orders set aside and replaced.
Legal Topics
Confiscation Orders, Valuation of Criminal Benefit, Enforcement of Orders, Joint Benefit Liability, Market Distortion, Proportionality
Criminal Law Proceeds of Crime Confiscation Orders Valuation of Criminal Benefit Enforcement of Orders Joint Benefit Liability Market Distortion Proportionality

Source-derived case record

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Parties

Regina

Appellant

Stephen Reynolds

Respondent

Anna Maria Reynolds

Respondent

Valerie Farnish

Respondent

Malcolm Farnish

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Orders

Legal Issues

  1. 1 What is the correct valuation of criminal benefit for confiscation orders under POCA in cases of corruption in public sector contracting?
  2. 2 Should enforcement of confiscation orders be limited to a percentage of the joint benefit or be enforceable in full against each respondent, subject to prevention of double recovery?

Ratio Decidendi

The correct valuation of criminal benefit is the profit made by GPL on its sales to LCC, less VAT paid, amounting to £253,421.79. Confiscation orders are enforceable in full against each respondent, subject to prevention of multiple recovery and not exceeding the available amount for each respondent.

Court Disposition

Appeal allowed; confiscation orders set aside and replaced.

Orders

  • Confiscation orders to be made in the sum of £253,421.79 against each respondent, enforceable in full subject to prevention of multiple recovery and not exceeding available amount.
  • Parties to agree available amount for each respondent within 14 days; failing agreement, issue remitted to Crown Court.