Barnaby Hone represented a defendant who pleaded guilty to obtaining employment by submitting a fraudulent CV. During the confiscation proceedings, Barnaby relied on the Supreme Court’s decision in R v Andrewes [2022] UKSC 24 and successfully argued that the benefit figure should be reduced by half.
Cases involving fraudulent CVs, including Andrewes, raise an interesting issue when determining the appropriate benefit figure for confiscation. The court must balance the criminality involved in securing the role against the legitimate work carried out by the defendant once employed.
The Supreme Court has held that the benefit figure should ordinarily reflect the difference between the role the defendant obtained through dishonesty and the position they would have secured had a fraudulent CV not been submitted. While this guidance is clear in principle, applying it in practice can be difficult, particularly when attempting to quantify that difference.
Barnaby was instructed by Sundeep Soor at Reeds Solicitors.
Barnaby Hone is a barrister with specialist expertise in all types of asset recovery and financial crime (both criminal and civil). He works on all circuits in England and Wales, as well as being regularly instructed on international matters. He is regularly instructed as a Junior alone or as a leading Junior in complicated matters. He represents Defendants, third parties, and a range of law enforcement agencies (including the SFO, HMRC and the NCA).
He is ranked in Chambers and Partners and the Legal 500, Band 2 & Tier 2, for his expertise within asset recovery matters. Barnaby has contributed to publications on International Asset Recovery and Terrorism Finance.
