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Chahal: All expenses paid crime

Paul Lazarus surveys the legal landscape following the introduction of the concept of proportionality of benefit in confiscation proceedings

9 June 2015

Following the majority decision of the Supreme Court R v Waya [2012] UKSC 51, practitioners
may have been forgiven
for assuming that the
approach to the calculation
of benefit in confiscation proceedings might soften by importing a general concept
of proportionality, or at least
by encouraging a calculation based on the real benefit that finally settled in the hands of the defendant.

However, any such misconception will now have been removed by the recent case of R v Jaspal Singh Chahal and Harbans Singh [2015] EWCA
Crim 816.

Mortgage fraud

In Waya, the Supreme Court recognised that even where the assumptions in the legislation were met and properly applied with regard to confiscation proceedings under the Proceeds of Crime Act 2002 (POCA), if the end result was disproportionat...

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