The WLR Daily case summaries
[2012] WLR (D) 324
CRIME— Sentence— Confiscation order— Property purchased partly with mortgage and partly with defendant’s own funds— — Mortgage fraudulently obtained and defendant convicted of obtaining money transfer by deception— — Market value of property increased and mortgage repaid by time of application for confiscation order— — Calculation of amount of confiscation order— — Whether statutory provisions governing calculation capable of being read compatibly with Convention right to peaceful enjoyment of possessions— — Human Rights Act 1998, s 3, Sch 1, Pt II, art 1— — Proceeds of Crime Act 2002, s 6(5)
HUMAN RIGHTS— Peaceful enjoyment of possessions— Deprivation of property— Mortgage obtained by fraud but repaid in full— — Confiscation order following defendant’s conviction for obtaining money transfer by deception— — Whether order disproportionate in amount— — Whether compatible with defendant’s Convention right to peaceful enjoyment of possessions— — Human Rights Act 1998, Sch 1, Pt II, art 1— — Proceeds of Crime Act 2002, s 6(5)