||All England Reporter
|| All ER (D) 121 (Dec)
|| EWCA Crim 2733
||Court of Appeal, Criminal Division
Elias LJ, Nichol J and judge Scott-Gill (judgment delivered extempore)
||Gavin Doig (assigned by the Registrar of Criminal Appeals) for the defendant.
||Steven Orange (instructed by the Crown Prosecution Service) for the Crown.
||11 December 2009
Sentence - Confiscation order - Proceeds of crime - Benefit - Defendant taking car for a test drive - Car discovered to be stolen - Defendant not buying car - Defendant convicted of taking vehicle without consent - Whether defendant had obtained a benefit equal to the market value of the car - Whether confiscation order should have been imposed - .
Sentence Confiscation order. The Court of Appeal, Criminal Division, quashed a confiscation order imposed for the market value of a stolen sports car, which the defendant had taken for a test drive. As the defendant had not bought the car, and had not derived a benefit from his use of the car, he had not made a gain which could be subject to a confiscation order.
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