Source: All England Reporter
Publisher Citation: [2012] All ER (D) 98 (Apr)
Neutral Citation: [2012] EWCA Crim 677
Court: Court of Appeal, Criminal Division
Judge:

Moses LJ, Macur and Sharp JJ
Representation James Pickup QC and Simon Gurney (instructed by Judge and Partners Ltd) for the first defendant.
  Andrew Campbell-Tiech QC and Matthew Buckland (instructed by IBB Solicitors) for the second defendant.
  Mark Lucraft QC, Lisa Freeman and Kennedy Talbot (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 April 2012

Catchwords

Proceeds of crime - Sentence - Confiscation order - First defendant being convicted of money-laundering - Close consideration being given to possible prosecution for MTIC carousel fraud but no conviction - Allegations of participation in MTIC fraud being made instead for purposes of confiscation proceedings - Confiscation and financial reporting orders being made against first defendant - First defendant appealing - Whether process leading to confiscation order being made depriving him of rights under European Convention on Human Rights.

The Case

Proceeds of crime Sentence. The Court of Appeal, Criminal Division, in allowing an appeal against the first defendant's confiscation order, held that the judge had erred in adding to the amount of the benefit the sum of 200,000 and accordingly, the amount assessed in it as benefit would be reduced by 200,000. In relation to the appeal against the second defendant's confiscation order, the court held that there could be no question of absence of proportionality and dismissed the appeal.

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