Source: All England Reporter
Publisher Citation: [2009] All ER (D) 124 (Apr)
Neutral Citation: [2008] EWCA Crim 3007
Court: Court of Appeal, Criminal Division

Thomas LJ, Pitchford J and the Recorder of Brighton and Hove

Representation Sally Hobson (instructed by Fraser Dawbarns Solicitors) for the defendant.
  John Black QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 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.

The Case

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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