Source: All England Reporter
Publisher Citation: [2005] All ER (D) 178 (Nov)
Court: Court of Appeal, Criminal Division

Moses LJ, Newman and Burton JJ

Representation Patrick Cassidy (assigned by the Registrar of Criminal Appeals) for the defendant.
  Christopher Bramwell (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 14 November 2005


Sentence - Confiscation order - Realisable property - Judge making both confiscation and compensation orders - Order that shortfall in payment of compensation order be paid from confiscation proceeds - Whether judge entitled to make both orders - , ss 71 and 72.

The Case

In the instant case, the judge had been entitled to make both a compensation and confiscation order. Whilst the making of both could give rise to complexity and the appearance of 'double accounting', that appearance failed to take into account the fact that two distinct jurisdictions were involved: confiscation in the criminal court, and the civil liability to make good any loss to the victim. The judge had been empowered to order that the shortfall in the compensation order (as a result of the defendant's insufficient funds) should be made good by the confiscation proceeds.

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