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Sentence – Confiscation order. The defendants pleaded guilty to an indictment charging them with conspiracy to evade the duty payable on the importation of cigarettes, contrary to s 1(1) of the Criminal Law Act 1977. The judge subsequently made confiscation orders against both men. The defendants appealed against the confiscation orders, contending, among other things, that the judge had been wrong to find that they had incurred a liability to pay excise duty and VAT, and that, on the facts, no benefit had been 'obtained' for the purposes of the Proceeds of Crime Act 2002. The Court of Appeal, Criminal Division, dismissed the grounds of appeal and held that it was bound by the decision of the House of Lords in R v Smith (David) ([2002] 1 All ER 366 ).
Sentence – Confiscation order. The defendants pleaded guilty to an indictment charging them with conspiracy to evade the duty payable on the importation of cigarettes, contrary to s 1(1) of the Criminal Law Act 1977. The judge subsequently made confiscation orders against both men. The defendants appealed against the confiscation orders, contending, among other things, that the judge had been wrong to find that they had incurred a liability to pay excise duty and VAT, and that, on the facts, no benefit had been 'obtained' for the purposes of the Proceeds of Crime Act 2002. The Court of Appeal, Criminal Division, dismissed the grounds of appeal and held that it was bound by the decision of the House of Lords in R v Smith (David) ([2002] 1 All ER 366 ).
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty