The law of confiscation is on the move!
- Where a defendant obtains property in order to commit a crime, should the value of that property be taken to form part of his benefit "as a result of or in connection with" his criminal conduct?
- Does it make a difference if the property that he obtains is a legitimate bank loan in order to finance the set-up of a cannabis factory? What if he has repaid the load?
- Does it make a difference if the property that he obtains is a container load of cigarettes that he intends to smuggle and sell?
- What if the cigarettes are seized and so all that has happened is that the defendants have made a huge loss from his crime? If a defendant obtains by fraud a mortgage advance with which he buys a house, what is the value of his benefit? - the advance, the house, or the equity in the house?
These are all current questions of the type which James Fletcher and Andrew Bird will address in this seminar. If the Supreme Court has delivered their judgement in R v Wayne it will be examined and (if explicable) explained.
The law of confiscation is the same whether you investigate, prosecute, defend or enforce and these two experts hope that this seminar will appeal to all positions on all sides.
This seminar will be held in Chambers.