- Challenging a confiscation order (R v Neuberg)
- Original news
- What was the background to the case?
- How did the Court of Appeal deal with the appellant’s argument that she had received no benefit?
- Did the Court of Appeal agree with the appellant that the Crown Court had been in error in determining her benefit by reference to turnover?
- What issue did the case raise in terms of proportionality and how was this determined?
- What should practitioners take from this case?
- In what way, if any, does this decision aid practitioners’ understanding of the concept of benefit from criminal conduct and the requirement of substantial injustice in relation to out-of-time appeals?
- What criticisms did the court make of the CCRC and do you think they are justified?
Corporate Crime analysis: Linda Saunt, barrister at 33 Chancery Lane, argues that the recent case of R v Neuberg provides a helpful reminder of the correct approach to challenging a confiscation order.
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