||All England Reporter
|| All ER (D) 301 (Jun)
|| EWCA Crim 1303
||Court of Appeal, Criminal Division
Scott Baker LJ, Burnett J and Judge Roberts QC
||Kate Lumbers (instructed by Wilkins Solicitors) for the defendant.
||Nicholas Syfret QC (instructed by Darbys Solicitors) for Aylebury Vale District Council.
||19 June 2008
Sentence - Confiscation order - Proceeds of crime - Benefit fraud - Defendant claiming benefits - Defendant obtaining mortgage and buying property fraudulently to help pay debt of family - Defendant transferring property back to family - Defendant having no beneficial interest in property - Whether property could properly be included in benefit figure and as realisable asset - Interpretation of statute - ss 72AA(4), 74(10)(b, 74(12), 75.
Sentence Confiscation order. The transfer of property to a defendant, through the fraudulent securing of a mortgage, represented a benefit obtained by him or her 'as a result of or in connection with the commission of a known offence', and the assumption, pursuant to s72AA(4)(a) applied. It was not necessary, to bring the assumption in s72AA(4)(a), namely that property had been received by him as a result of or in connection with the commission of offences, into play for the prosecution to show that the defendant had known that the transfer of the property to her had been part of a fraudulent scheme.
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