||All England Reporter
|| All ER (D) 71 (Nov)
|| EWCA Crim 3110
||Court of Appeal, Criminal Division
Waller LJ, Hughes J and Dame Heather Steele
||Jonathan Rose (assigned by the Registrar of Criminal Appeals) for the defendant.
||David Groome (instructed by the Crown Prosecution Service) for the Crown.
||6 November 2003
Sentencing - Confiscation order - Proceeds of crime - Qualifying offence - Benefit - Defendant convicted of trade mark offences alleging possession of items with a view to gain - Benefit to defendant - s 71(4) - ss 92(1)(c), 92(3)(b).
The offences under ss92(1)(c) and 92(3)(b) of the which applied where a defendant possessed certain items with a view to a gain, were qualifying offences from which the defendant had benefited within the meaning of s71(4) of the . Accordingly, the Crown Court had jurisdiction to make a confiscation order in respect of those offences.
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