Godley, R v

Godley, R v

Mr Godley benefited from his criminal conduct in the sum of £1,567,974 (adjusted for inflation). He failed to prove on the balance of probabilities that the realisable amount was less than the benefit, as gifts to his wife and children totalling £1,691,179 and £132,744.54 respectively were properly included as realisable assets. The court ordered a confiscation order for the benefit sum less a prior payment to the liquidators, and a compensation order to be paid out of the confiscation sum.

Parties
Claimant: Regina; Defendant: William Godley
Jurisdiction
England and Wales
Judgment Date
14 November 2014
Procedural Posture
Criminal Confiscation Proceedings / Judgment After Hearing of Confiscation Application
Outcome
Confiscation order granted; compensation order granted; default imprisonment term set for non-payment.
Legal Topics
Confiscation Proceedings, Benefit From Criminal Conduct, Realisable Assets, Gifts Under Proceeds of Crime, Compensation Orders
Criminal Law Proceeds of Crime Confiscation Proceedings Benefit From Criminal Conduct Realisable Assets Gifts Under Proceeds of Crime Compensation Orders

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Claimant

William Godley

Defendant

Procedural Posture

Criminal Confiscation Proceedings / Judgment After Hearing of Confiscation Application

Legal Issues

  1. 1 Whether Mr Godley benefited from criminal conduct and the value thereof
  2. 2 Whether the realisable amount is less than the benefit obtained
  3. 3 Whether gifts to family members should be included in realisable assets

Ratio Decidendi

Mr Godley benefited from his criminal conduct in the sum of £1,567,974 (adjusted for inflation). He failed to prove on the balance of probabilities that the realisable amount was less than the benefit, as gifts to his wife and children totalling £1,691,179 and £132,744.54 respectively were properly included as realisable assets. The court ordered a confiscation order for the benefit sum less a prior payment to the liquidators, and a compensation order to be paid out of the confiscation sum.

Court Disposition

Confiscation order granted; compensation order granted; default imprisonment term set for non-payment.

Orders

  • Confiscation order against Mr Godley in the sum of £1,567,974 less £93,025 (grossed up for inflation) previously paid to the liquidators.
  • Payment to be made within six months; in default, three years' imprisonment.