You are not currently signed in - enter your email address and password into the boxes below, or create a new account.

R v Fields and others [2013] EWCA Crim 2042 – Ss 6, 76(4), 76(7), 80 and 84 POCA.

- confiscation order where more than one D jointly obtains benefit.
1) where Ds have jointly obtained benefit, its value is to be assessed as the whole amount with regard to each D with no apportionment between them.
2) confiscation order may only be made up to value of the amount of the available assets.
– in assessing the “available amount” the court may have regard to what each D has himself received and retained.
3) proportionality (after R v Waya).
- not disproportionate for more than one D to each be liable for full amount of benefit from proceeds of their crime.
- lack of proportionality not to be assessed simply by focusing on orders also made against others or of payments made by others, or by potential for multiple recovery.

undefined: unpaid

Related case digests

Legislation