South Africa Case Law

National Director of Public Prosecutions v Gardener and Another (582/09)

National Director of Public Prosecutions v Gardener and Another (582/09) [2011] ZASCA 25; 2011 (1) SACR 612 (SCA) ; 2011 (4) SA 102 (SCA) (18 March 2011)

Court

Supreme Court of Appeal

Case number

582/09

Judges

Heher, Cachalia, Seriti

The Supreme Court of Appeal held that only benefits derived from the fraud counted for confiscation under POCA, and that unrelated repayments or sentence severity were irrelevant.

• Confiscation Order
• Proceeds Of Crime
• Prevention Of Organised Crime Act
• Judicial Discretion
• Benefit From Offence
• Confiscation-order