Wright, R v [2014] EWCA Crim 382 (19 February 2014)

Wright, R v [2014] EWCA Crim 382 (19 February 2014)

The appellant benefited from his criminal conduct by being relieved of liability to pay solicitors' fees, which were paid by insurers as a result of his fraudulent claim; this constitutes a pecuniary advantage under section 76(5) of the Proceeds of Crime Act 2002 and is properly included in the confiscation order.

Citation
[2014] EWCA Crim 382
Parties
Respondent: Regina; Appellant: Robert Wright
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Pecuniary Advantage, Insurance Fraud, Solicitors' Fees
Criminal Law Proceeds of Crime Confiscation Order Pecuniary Advantage Insurance Fraud Solicitors' Fees

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Parties

Regina

Respondent

Robert Wright

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether solicitors' fees paid by insurers constitute a pecuniary advantage and benefit from criminal conduct under the Proceeds of Crime Act 2002
  2. 2 Whether the appellant obtained property or a pecuniary advantage as a result of his fraudulent conduct

Ratio Decidendi

The appellant benefited from his criminal conduct by being relieved of liability to pay solicitors' fees, which were paid by insurers as a result of his fraudulent claim; this constitutes a pecuniary advantage under section 76(5) of the Proceeds of Crime Act 2002 and is properly included in the confiscation order.

Court Disposition

appeal dismissed

Orders

  • confiscation order in the sum of £4,915.99 upheld
  • recovery of defence costs order against appellant in the sum of £300