The Weekly Law Reports
[2012] 3 WLR 1188
Supreme Court
Regina
v
Waya
[2012] UKSC 51
2012 March 27,
28,
29;
Nov 14
Lord Judge CJ, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Reed JJSC, Lord Phillips of Worth Matravers, Sir Anthony Hughes
Crime— Sentence— Confiscation order— Defendant making false statements to obtain mortgage— Property purchased partly with mortgage and partly with defendant’s own funds— Defendant convicted of obtaining money transfer by deception— Market value of property much higher when application for confiscation order heard— Proper approach to calculating amount of confiscation order—
Proceeds of Crime Act 2002 (c 29), ss 6(5), 76(4), 80(2)(3)
Human rights— Peaceful enjoyment of possessions— Deprivation of property— Confiscation order made following criminal conviction— Whether order disproportionate when proceeds of crime restored to victim— Whether interfering with defendant’s right to peaceful enjoyment of possessions— Whether possible to read legislation compatibly with Convention rights—
Human Rights Act 1998 (c 42), s 3(1), Sch 1, Pt II, art 1