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R v McDowell; R v Singh [2015] EWCA Crim 173 – S 76 POCA - ECHR - A1P1.

- confiscation – benefit from criminal conduct.
1) whether D obtains “benefit” from “criminal conduct” in committing a regulatory offence depends on the terms of the statute or regulations creating the offence.
- the conduct made criminal by the statute is critical – is it the activity itself or the failure to register, or obtain a licence for, the activity?
2) circumstances in which the court was entitled to lift the corporate veil in confiscation proceedings.
- not necessary to lift the corporate veil where D was the company’s sole controller, the beneficial owner; the court could treat the company’s receipts and profits as D’s.
3) proportionate to deprive D of his receipts from his criminal conduct without regard to the expenses he incurred.

undefined: unpaid

Legislation