R v Highbury Corner Magistrates' Court, ex p Di Matteo [1991] 1 WLR 1374, [1992] 1 All ER 102 – (S 143 PCCSA).
1) a court considering whether to make a forfeiture order must have regard to the burden imposed by the overall sentence to be imposed and to the totality of D’s offending.
2) unambiguous words in statute to be given their ordinary meaning.
- a car used for the purpose of committing the offence of driving while disqualified may be forfeited as such use is an integral part of the commission of the offence and the intention to commit the offence must have been present when D started his journey.
3) for a forfeiture order to be made there must have been a deliberate use of the property for the purpose of committing or for facilitating the commission of an offence.
- the punishment (including a forfeiture order) must fit the crime.
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