R v Del Basso and Goodwin [2010] EWCA Crim 1119 – S 76 POCA.
- confiscation orders.
1) “benefit” under POCA is what D has obtained so as to own it.
– the subsequent disposition of benefit, even if for socially worthwhile reasons or to pay expenses such as VAT is irrelevant.
- per R v May: benefit gained is the total value of the property or advantage obtained, not D’s net profit after deduction of expenses.
2) a confiscation order, made on a proper application of POCA, is not an abuse of process even if it produces an “oppressive” result.
undefined: unpaid