R v Gangar and another [2012] EWCA Crim 1378 – ss 6, 7, 9 and 79 POCA – CJA 1988.
- confiscation – dealing with joint assets.
1) four steps in assessing amount of confiscation order.
2) at step 2, the “benefit” of each D is the whole sum jointly obtained by their crime.
But, each D’s “available assets”, at step 3, are confined to what are within his means to pay.
3) available assets of each D are limited to his beneficial interest in the joint assets.
4) beneficial interests of each D in joint assets are prima facie equal.
5) where not all the co-owners of assets are Ds, the shares of those missing can be frozen by a restraining order until they are apprehended.
undefined: unpaid