Sumal & Sons (Properties) Ltd, R v

The appeal was allowed on the basis that the rental income from an unlicensed property may constitute benefit obtained from criminal conduct under the relevant statutory provisions.

Parties: Appellant: Regina; Respondent: Sumal & Sons (Properties) Limited
Jurisdiction: England and Wales
Judgment Date: 18 December 2012
Procedural Posture: Criminal Appeal / Court of Appeal Judgment
Outcome: appeal allowed
Legal Topics: Proceeds of Crime, Unlicensed Property Rental, Benefit From Criminal Conduct

Criminal Law Property Law Proceeds of Crime Unlicensed Property Rental Benefit From Criminal Conduct

Case Brief

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Parties

Regina

Appellant

Sumal & Sons (Properties) Limited

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

1 Whether rental income from an unlicensed property contrary to section 95(1) of the Housing Act 2004 constitutes a benefit obtained as a result of or in connection with criminal conduct under section 76(4) of the Proceeds of Crime Act 2002

Ratio Decidendi

The appeal was allowed on the basis that the rental income from an unlicensed property may constitute benefit obtained from criminal conduct under the relevant statutory provisions.

Court Disposition

appeal allowed