Practice and Procedure

R v JOHN KINSELLA (2011)

PUBLISHED March 22, 2011
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[2011] EWCA Crim 1275

A judge in confiscation proceedings had erred in concluding that an offender, who had been found guilty of committing a robbery jointly with others, had obtained the whole of the proceeds of that robbery jointly. The judge should have asked himself, firstly, whether that individual offender had obtained proceeds from the robbery, and secondly, in what capacity he had received those proceeds, whether for himself, whether jointly for others, or whether on behalf of others, in order to determine the total value of the property obtained by the individual offender for the purposes of the Proceeds of Crime Act 2002 s.76(4).

CA (Crim Div) (Moses LJ, Dobbs J, Judge Gordon)

22/03/2011

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