R v Moss [2015] EWCA Crim 713 – POCA– regs 7 and 13(d) CIR 2007 – ABPR.
1) P entitled, under s 70 POCA, once D enters guilty pleas or is found guilty, to ask magistrates to commit D to Crown Court to consider confiscation order without giving prior notice to D.
2) not abuse of process for P to rely on criminal activity not charged to prove D obtained benefit from offence for which D convicted.
3) (obiter) where P sought to infer “benefit” from crimes for which D not convicted such crimes had to be proved to criminal standard.
4) doubt that failing to produce records when required, contrary to reg 13(d) CIR, was a continuing offence.
5) questionable whether the obtaining of cash over a given period can be “as a result of or in connection with” the conduct of failing to produce records over a subsequent period so as to be a “benefit” under s 76(4).
- doubt that failing to notify cattle movements, contrary to reg 7 CIR, was a continuing offence.
6) question whether D had obtained property as a result of or in connection with an offence was an objective one and was not determined by D’s intention.
7) test in s 75 POCA requires finding of not less than £5,000 benefit from offences concerned before finding of “criminal lifestyle” can be made and benefit considered to be from general criminal conduct under s 6(4)(b).
undefined: unpaid