Source: All England Reporter
Publisher Citation: [2003] All ER (D) 71 (Nov)
Neutral Citation: [2003] EWCA Crim 3110
Court: Court of Appeal, Criminal Division
Judge:

Waller LJ, Hughes J and Dame Heather Steele

Representation Jonathan Rose (assigned by the Registrar of Criminal Appeals) for the defendant.
  David Groome (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 6 November 2003

Catchwords

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 Case

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.

Practice Areas

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