Clark & Anor v R [2014] EWCA Crim 1973 (17 October 2014)

Clark & Anor v R [2014] EWCA Crim 1973 (17 October 2014)

The applicants obtained property as a result of or in connection with criminal conduct, and the statutory assumptions under POCA apply. The fact that similar profits might have been made lawfully is irrelevant. The confiscation order was not disproportionate and was justified under the statutory regime.

Citation
[2014] EWCA Crim 1973
Parties
Appellant: Stephen Clark; Appellant: Julie Clark; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 October 2014
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence (confiscation Order)
Outcome
Permission to appeal refused
Legal Topics
Confiscation Orders, Proceeds of Crime Act, Mortgage Fraud, Benefit Calculation, Criminal Lifestyle Offences
Criminal Law Confiscation Orders Proceeds of Crime Act Mortgage Fraud Benefit Calculation Criminal Lifestyle Offences

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Parties

Stephen Clark

Appellant

Julie Clark

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence (confiscation Order)

Legal Issues

  1. 1 Whether the applicants benefited from criminal conduct for the purposes of a confiscation order under POCA
  2. 2 Proper calculation of benefit in mortgage fraud cases
  3. 3 Application of statutory assumptions under POCA

Ratio Decidendi

The applicants obtained property as a result of or in connection with criminal conduct, and the statutory assumptions under POCA apply. The fact that similar profits might have been made lawfully is irrelevant. The confiscation order was not disproportionate and was justified under the statutory regime.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal against the confiscation order are refused