Sumal & Sons (Properties) Ltd, R v [2012] EWCA Crim 3109 (18 December 2012)

Sumal & Sons (Properties) Ltd, R v [2012] EWCA Crim 3109 (18 December 2012)

Rental income from a property which is unlicensed contrary to section 95(1) of the Housing Act 2004 may constitute a person's benefit as property obtained as a result of or in connection with criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.

Citation
[2012] EWCA Crim 3109
Parties
Prosecution: Regina; Defendant: 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

Prosecution

Sumal & Sons (Properties) Limited

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 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

Rental income from a property which is unlicensed contrary to section 95(1) of the Housing Act 2004 may constitute a person's benefit as property obtained as a result of or in connection with criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.

Court Disposition

appeal allowed

Orders

  • Leave to appeal to the Supreme Court refused
  • Point of law of general public importance certified