Practice and Procedure

R v CHRISTOPHER LYNN MORGAN (2013)

PUBLISHED July 23, 2013
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[2013] EWCA Crim 1307

A confiscation order in the sum of £156,500 which had been imposed on the appellant, who had pleaded guilty to offences concerning the unlawful deposit of waste material at an unlicensed landfill site, was not disproportionate so as to amount to a breach of the appellant's rights under the European Convention on Human Rights 1950 Protocol 1 art.1; further, the judge had been correct to assess the "benefit" obtained by the appellant by reference to the landfill tax, licence fees and other costs that he would have had to pay had the operation been conducted lawfully.

CA (Crim Div) (Aikens LJ, Cranston J, Judge Pert QC)

23/07/2013

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