Morphy, R v

Morphy, R v

The trial judge erred in calculating the benefit obtained by the Morphys as the whole sum paid to prostitutes by clients; the correct benefit is the sum of rent received (£30 per girl per day), amounting to £48,060, and half that sum (£24,030) for each appellant.

Parties
Appellant: Sandra Morphy; Applicant: Gerald Davidson Morphy; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
26 October 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal allowed in part; confiscation orders quashed and substituted with reduced orders.
Legal Topics
Confiscation Orders, Benefit Calculation, Brothel Keeping, Criminal Justice Act 1988
Criminal Law Confiscation Orders Benefit Calculation Brothel Keeping Criminal Justice Act 1988

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Sandra Morphy

Appellant

Gerald Davidson Morphy

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the benefit obtained by the appellants under section 71(4) of the Criminal Justice Act 1988 was the whole sum paid to prostitutes or only the rent received
  2. 2 Whether the trial judge misdirected himself in calculating the benefit
  3. 3 Whether control over prostitutes equates to obtaining all monies paid by clients

Ratio Decidendi

The trial judge erred in calculating the benefit obtained by the Morphys as the whole sum paid to prostitutes by clients; the correct benefit is the sum of rent received (£30 per girl per day), amounting to £48,060, and half that sum (£24,030) for each appellant.

Court Disposition

Appeal allowed in part; confiscation orders quashed and substituted with reduced orders.

Orders

  • Confiscation order against Sandra Morphy quashed and substituted with order for £24,030 and default term of eighteen months imprisonment.
  • Confiscation order against Gerald Morphy quashed and substituted with order for £24,030 and default term of eighteen months imprisonment.