Practice and Procedure

CROWN PROSECUTION SERVICE (NOTTINGHAMSHIRE) v KEVIN ROSE : R v GARETH LEE WHITWAM sub nom R v KEVIN ROSE (2008)

PUBLISHED February 21, 2008
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[2008] EWCA Crim 239

Where a defendant had been convicted of possession of criminal property, his benefit from criminal conduct under the Proceeds of Crime Act 2002 s.6(4)(c) , for the purposes of making a confiscation order, was the full value of all the items stolen. The fact that stolen property had been restored to its true owner was irrelevant. The legislation was concerned with confiscating the value of the defendant's benefit and was not limited to the actual proceeds of his crime or his profit.

CA (Crim Div) (Richards LJ, Openshaw J, Judge Stephens QC)

21/02/2008

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