Practice and Procedure

R v TERRY WAYA (2010)

PUBLISHED March 25, 2010

[2010] EWCA Crim 412

Where an offender had purchased a property partly from his own resources and partly from a mortgage which he had obtained by deception, a court had erred in determining the amount of his benefit from his criminal conduct by deducting the value of his untainted contribution rather than calculating the untainted contribution as a proportion of the open market value of the property, which had increased in the years since it had been purchased.

CA (Crim Div) (Laws LJ, Beatson J, Blake J)