R v Andrewes

Subject Matter

CRIME — Sentence — Confiscation order — Defendant obtaining well paid posts by making false statements as to educational qualifications and relevant experience — Defendant giving full value in terms of service provided — Defendant pleading guilty to obtaining a pecuniary advantage by deception and fraud by false representation — Whether disproportionate to make confiscation order — Matters to be taken into account when assessing whether imposition of confiscation order disproportionate — Proceeds of Crime Act 2002 (c 29), s 6(5)

[2020] EWCA Crim 1055; [2020] WLR(D) 465; [2020] Lloyd’s Rep FC 557, CA

CRIME — Sentence — Confiscation order — Defendant obtaining senior employment position by making false statements as to educational qualifications and relevant experience — Defendant pleading guilty to obtaining pecuniary advantage by deception and fraud by false representation — Crown seeking confiscation order representing total net earnings from fraudulently-obtained employment or total available assets if lower — Whether order for recovery of total net earnings disproportionate where full value given for salary paid — Whether proportionate recovery limited to difference between higher earnings as result of fraud and lower earnings defendant otherwise would have made — Proceeds of Crime Act 2002 (c 29), s 6(5)

[2022] UKSC 24; [2022] 1 WLR 3878; [2022] ICR 1404; [2023] 1 All ER 443; [2022] WLR(D) 355; The Times, 10 October 2022, SC(E)

Appellate History