Lambert & Anor v R. (Rev 1) [2012] EWCA Crim 421 (08 March 2012)

Lambert & Anor v R. (Rev 1) [2012] EWCA Crim 421 (08 March 2012)

The Proceeds of Crime Act 2002 requires the court to make a confiscation order against each defendant for the full benefit obtained, including jointly obtained benefit, within the limits of his realisable assets. Apportionment between joint offenders is contrary to principle and unauthorised by statute. The statutory scheme is not disproportionate or incompatible with Article 1 Protocol 1 ECHR, and no abuse of process arises from its application in these circumstances.

Citation
[2012] EWCA Crim 421
Parties
First Appellant: Richard Lambert; Second Appellant: Ian Alexander Walding; Respondent: The Queen; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 March 2012
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Orders Following Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Confiscation Orders, Apportionment of Benefit, Proceeds of Crime Act 2002, Human Rights Act 1998, Article 1 Protocol 1 ECHR, Abuse of Process
Criminal Law Proceeds of Crime Confiscation Orders Apportionment of Benefit Proceeds of Crime Act 2002 Human Rights Act 1998 Article 1 Protocol 1 ECHR Abuse of Process

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Parties

Richard Lambert

First Appellant

Ian Alexander Walding

Second Appellant

The Queen

Respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Orders Following Conviction and Sentence

Legal Issues

  1. 1 Whether confiscation orders under the Proceeds of Crime Act 2002 must be apportioned between joint offenders to avoid double recovery
  2. 2 Whether the orders were disproportionate or an abuse of process under Article 1 Protocol 1 ECHR

Ratio Decidendi

The Proceeds of Crime Act 2002 requires the court to make a confiscation order against each defendant for the full benefit obtained, including jointly obtained benefit, within the limits of his realisable assets. Apportionment between joint offenders is contrary to principle and unauthorised by statute. The statutory scheme is not disproportionate or incompatible with Article 1 Protocol 1 ECHR, and no abuse of process arises from its application in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Confiscation orders in the sum of £107,860 against each appellant upheld
  • No apportionment of benefit between appellants