[2008] UKHL 29
The interpretation by the Court of Appeal of the word "obtain" in the Criminal Justice Act 1988 s.71(4) as meaning that, when imposing a restraint order over property "obtained", there was no requirement for a defendant to have had control over the property was not entirely accurate, since a person's acts might contribute significantly to property being obtained without his obtaining it. On the facts, however, there was sufficient material to support the making of the restraint order.
HL (Lord Bingham of Cornhill, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood)
14/05/2008