Morphy, R v [2006] EWCA Crim 2698 (26 October 2006)

Morphy, R v [2006] EWCA Crim 2698 (26 October 2006)

The trial judge erred in law by calculating the benefit as the total sum paid to prostitutes by clients, rather than limiting it to the rent actually received by the Morphys; the confiscation order must be based on the actual benefit obtained, which was £30 per girl per day.

Citation
[2006] EWCA Crim 2698
Parties
Appellant: Sandra Morphy; Applicant: Gerald Davidson Morphy; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
26 October 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence (confiscation Order)
Outcome
appeal allowed (in part)
Legal Topics
Confiscation Orders, Benefit From Criminal Conduct, Brothel Keeping, Criminal Justice Act 1988 S.71
Criminal Law Proceeds of Crime Confiscation Orders Benefit From Criminal Conduct Brothel Keeping Criminal Justice Act 1988 S.71

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Parties

Sandra Morphy

Appellant

Gerald Davidson Morphy

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (confiscation Order)

Legal Issues

  1. 1 Whether the benefit obtained by the appellants under s.71(4) Criminal Justice Act 1988 was the total sum paid to prostitutes or limited to the rent received from them
  2. 2 Whether the trial judge misdirected himself in calculating the benefit for the purposes of the confiscation order

Ratio Decidendi

The trial judge erred in law by calculating the benefit as the total sum paid to prostitutes by clients, rather than limiting it to the rent actually received by the Morphys; the confiscation order must be based on the actual benefit obtained, which was £30 per girl per day.

Court Disposition

appeal allowed (in part)

Orders

  • Original confiscation order quashed
  • New confiscation order substituted in the sum of £24,030 for each appellant