R v Powell and another

Sentence – Confiscation order. The Court of Appeal, Criminal Division, in refusing the prosecution's application for leave to appeal, held that the judge's decision not to allow the prosecution to rely on any pecuniary advantage gained by the company to form the basis for confiscation orders against the defendants, in circumstances where the company in question had committed breaches of its environmental permit, had been correct, albeit that his reasoning had been erroneous. In the present case, the necessary conditions for rendering the defendants liable to a confiscation order had not been established. The prosecution's attempt to have the corporate veil pierced would be rejected.

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