Practice and Procedure

R v (2008)

PUBLISHED July 24, 2008

[2008] EWCA Crim 1736

A conspirator who had been acting purely in the capacity of an employee and had received an enhanced wage or cash payment for his part in the conspiracy did not obtain the same benefit from the criminal conduct as the employer and so the confiscation order against the employee should be based on the extra payment he received rather than on any presumed joint benefit.

CA (Crim Div) (Toulson LJ, Jack J, Judge Mettyear QC Recorder of Hull)