||All England Reporter
|| All ER (D) 124 (Apr)
|| EWCA Crim 3007
||Court of Appeal, Criminal Division
Thomas LJ, Pitchford J and the Recorder of Brighton and Hove
||Sally Hobson (instructed by Fraser Dawbarns Solicitors) for the defendant.
||John Black QC (instructed by the Crown Prosecution Service) for the Crown.
||25 November 2008
Sentence - Confiscation order - Proceeds of crime - Conspiracy to defraud - Judge making order in agreed sum based on arithmetical error - Judge setting period in default at maximum level without giving reasons - Whether confiscation order and period in default manifestly excessive.
Sentence Confiscation order. Court of Appeal, Criminal Division: Where a judge in confiscation proceedings had set the default term, following a confiscation order of 405,998.33, at its maximum possible level without providing an explanation for so doing, the period of imprisonment in default of payment would be reduced from five years' imprisonment to four years' imprisonment. The confiscation order for 405,998.33 was quashed and substituted by 401,590.33, being the correct agreed amount of the defendant's realisable assets.
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