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R v Magro, R v Brisett, R v Smith, R v Varma [2010] EWCA Crim 1575 - Ss 6, 13 and 14 POCA – s 12 PCCSA.

1) decision in R v Clarke that a confiscation order cannot be made if D is given an absolute or conditional discharge was wrong, but must be followed as a binding precedent.
2) a five judge constitution of the Court of Appeal may not disregard the only previous decision of a three judge constitution of the Court on a distinct point of law, reached after full argument and consideration of the relevant legislation.
Note: R v Clarke reversed by Supreme Court on appeal from instant case.

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