- Assessing proportionality in confiscation proceedings (R v Asplin & others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: The assessment of proportionality in confiscation proceedings will always be fact specific, but the inclusion of salary received in the calculation of a defendant’s benefit from criminal conduct is not necessarily disproportionate. It is a reminder that the earlier case of R v Andrewes, which found that the inclusion of A’s salary would be disproportionate, turned on its facts. In R v Asplin  EWCA Crim 1313 the Court of Appeal has clarified the correct approach to the assessment of proportionality and found that where salary has been received in breach of fiduciary duty (for which a defendant would always be required to account for the breach to his principal), the inclusion of salary in the calculation of a defendant’s benefit is proportionate unless there is cogent evidence to the contrary. Written by John Carl Townsend, barrister, at 33 Chancery Lane.
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