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England and Wales decisions
Decisions matching the current search
Whittle, R. v [2019] EWCA Crim 1897 (25 October 2019)
The Court of Appeal upheld a confiscation order against Anita Whittle, holding that the full misappropriated sum was the benefit obtained and was not disproportionate.
The Court of Appeal held that a confiscation order could include the full ÂŁ26,901.30 obtained by dishonesty, rejecting a deduction for hypothetical pension rights.
The Court of Appeal upheld a ÂŁ104,228 confiscation order against Gary Fulton, holding he obtained property by controlling money transfers in a laundering conspiracy.
Prosecution appeal against a confiscation order was allowed. The court held Parker was liable for excise duty on smuggled tobacco and that forfeited cash should not reduce available assets.
Cole, R. v [2018] EWCA Crim 888 (24 April 2018)
The Court of Appeal partly allowed a confiscation appeal, requiring a s.22 POCA reassessment on a Waya-compliant basis, but refused reopening the 2009 order.
The Court of Appeal partly allowed a confiscation appeal, reducing the s.22 benefit figure to the Waya-compliant amount, while refusing other grounds.
Court of Appeal Criminal Division held that McDowell’s proceeds were benefit from prohibited trading, but Singh’s unregistered trading receipts were not benefit and his confiscation order was quashed.
The Court of Appeal partly allowed an appeal against confiscation, ordering a rehearing on benefit after finding the judge proceeded on a mistaken concession.
Fields & Ors v R. [2013] EWCA Crim 2042 (14 November 2013)
The Court of Appeal held that co-principal conspirators each obtain the full joint benefit for confiscation purposes, with no apportionment of benefit or recoverable amount.
The Court of Appeal reduced a confiscation order after a corruption and fraud conviction, holding that full turnover was disproportionate and profit only was recoverable.
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