R v Risdale-Tomblin (Bernard)

Date

10 October 2001

Legislation

Criminal Justice Act 1988, ss.71 and 72AA
Proceeds of Crime Act 1995

Keywords

confiscation orders; forgery

Counsel

P Johnson

Solicitors:

unknown.

Judge:

Rose LJ, Butterfield J, Cooke J.

Court:

Court of Appeal (Criminal Division)

Reported:

Independent, October 16, 2001, [2001] EWCA Crim 2119.

Summary

R-T pleaded guilty to counts in three indictments (obtaining money by deception and forgery) and was sentenced accordingly. A confiscation hearing was held in which he was ordered to pay £162,000-odd within 2 months or with 2 years imprisonment consecutively in default.

R-T applied for leave to appeal the confiscation order.

Decision:

The Court of Appeal emphasised that "it is very important, when judges pass sentence, that they make full use of all relevant powers… [the powers to confiscate] are very rarely exercised. It is, in our judgment, desirable that they be used much more frequently in appropriate cases."