[2008] EWCA Crim 1323

In confiscation proceedings, in the rare case where (a) the defendant's crimes were limited to offences causing loss to one or more identifiable losers; (b) his benefit was limited to those crimes; (c) the loser had neither brought nor intended to bring civil proceedings to recover the loss; but (d) the defendant either had repaid the loser or was ready, willing and able immediately to repay him the full amount of the loss, it could amount to an abuse of process, and be oppressive, for the Crown to order the defendant to pay up to double the full restitution that he had made or was willing immediately to make.

CA (Crim Div) (Hughes LJ, Andrew Smith J, Judge Loraine-Smith)

20/06/2008