Roach, R. v

Roach, R. v

The benefit figure for properties acquired on mortgage must be assessed as the defendant's net equity, not the freehold, and where property is acquired with mixed funds, only the portion attributable to tainted funds is subject to confiscation.

Source-derived case information.

Parties
Appellant: Susan Tricia Roach; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 October 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
Appeal allowed in part; benefit figures for relevant properties to be adjusted as per judgment.
Legal Topics
Confiscation Orders, Valuation of Property, Criminal Lifestyle Assumptions, Mixed Funds, Mortgage Fraud
Criminal Law Proceeds of Crime Confiscation Orders Valuation of Property Criminal Lifestyle Assumptions Mixed Funds Mortgage Fraud

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Parties

Susan Tricia Roach

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 How should property acquired on mortgage be valued for confiscation purposes: freehold or equity?
  2. 2 How should benefit be assessed where property is acquired with mixed tainted and untainted funds?
  3. 3 Does a basis of plea bind the judge in confiscation proceedings if accepted only with qualification?

Ratio Decidendi

The benefit figure for properties acquired on mortgage must be assessed as the defendant's net equity, not the freehold, and where property is acquired with mixed funds, only the portion attributable to tainted funds is subject to confiscation.

Court Disposition

Appeal allowed in part; benefit figures for relevant properties to be adjusted as per judgment.

Orders

  • Benefit figure for 8 Park Lane adjusted to half the equity, approximately £55,000.
  • Benefit figure for 43 Lusitania Road to be assessed at half the value at date of valuation.