||All England Reporter
|| All ER (D) 60 (Dec)
|| EWCA Crim 3061
||Court of Appeal, Criminal Division
Rix LJ, Dobbs J and Sir Charles Mantell
||Nicholas Valios QC and Pamela Rose (instructed by Fisher Meredith) for the defendant.
||Simon Connolly and James Wing (instructed by the Crown Prosecution Service) for the Crown.
||5 December 2006
Sentence - Confiscation order - Proceeds of crime - Judge initiating proceedings - Whether jurisdiction to hear confiscation proceedings - Whether abuse of process - Whether proceedings unfair - Discretionary remedy - European Convention on Human Rights, art 6.
Where the defendant had pleaded guilty to conspiracy to defraud, having obtained housing and council tax benefit despite owning a number of properties and receiving rent on them, the circumstances and delay in holding confiscation proceedings were such that, whilst it could not be said that the proceedings were invalid or amounted to an abuse of process, the confiscation order would be reduced by 40,000 as a matter of discretion to take into account the element of unfairness and breach of art6(1) of the European Court of Human Rights which had been caused.
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