[2007] EWCA Crim 2688

A confiscation order was excessive where a mortgage sum advanced to an individual should have been taken into account when considering his benefit from criminal conduct rather than at the later stage of determining the recoverable amount. In the absence of further enquiry it was not appropriate to rely on the assumption that the mortgage sum had been obtained as a result of his general criminal conduct.

CA (Crim Div) (Pill LJ, Hedley J, Sir Richard Curtis)

16/11/2007