Technicalities remain crucial in confiscation law (R v Hockey)

Table of contents

• What was the (lengthy) procedural background to these proceedings?
• What prompted the applicant to bring this appeal?
• What were the weaknesses in this applicant’s appeal and what did the court decide?
• What does the case demonstrate about the nature of confiscation law and the issues presented in terms of calculating benefit in these cases?
• What are the lessons corporate crime practitioners can take away from this confiscation appeal?

Article summary

Corporate Crime analysis: In the long-running case of R v Hockey, the appellant sought unsuccessfully to appeal an (originally) agreed confiscation order ten years out of time on the basis of R v Waya. Barnaby Hone, of Drystone Chambers, considers the Court of Appeal’s decision and explains what corporate crime practitioners should remain mindful of as a result.