R v Waya

Subject Matter

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, ss 6(5), 76(4), 80(2)(3)

[2012] UKSC 51; [2013] 1 AC 294; [2012] 3 WLR 1188; [2013] 1 All ER 889; [2013] 2 Cr App R (S) 20; [2012] WLR (D) 324; Case details, SC(E)

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, s 3(1), Sch 1, Pt II, art 1

[2012] UKSC 51; [2013] 1 AC 294; [2012] 3 WLR 1188; [2013] 1 All ER 889; [2013] 2 Cr App R (S) 20; [2012] WLR (D) 324; Case details, SC(E)

Appellate History

Commentary

Blackstones Criminal Practice 2025
Making of Confiscation Order - Stage Two — Determination of Benefit from Criminal Conduct - Crystallisation of Benefit E19.23

Making of Confiscation Order - Stage Two — Determination of Benefit from Criminal Conduct - Pecuniary Advantage E19.26

Making of Confiscation Order - Stage Three — Determination of the Recoverable Amount - Cases involving Mortgages E19.45

Making of Confiscation Order - Stage Three — Determination of the Recoverable Amount - Valuation of Benefit E19.46

Making of Confiscation Order - Stage Five — Proportionality - ECHR, Protocol 1, Article 1 E19.60

Making of Confiscation Order - Stage Five — Proportionality - Proportionality and Abuse of Process E19.61

Making of Confiscation Order - Stage Five — Proportionality - Proportionality and Abuse of Process E19.63

Making of Confiscation Order - Relationship with Other Orders E19.67