R v Ernest

Sentence – Confiscation order. The defendant appealed against a confiscation order, under s 6 of the Proceeds of Crime Act 2002, requiring him to pay the sum of £308,380.29 within six months with a default term of three years' imprisonment. The Court of Appeal, Criminal Division, held that the judge had erred in accepting that £98,400 should be included in the benefit figure on the basis of a specialised index as to the cost of living. Accordingly, £209,280.29 was substituted as the amount that the defendant had to pay and as being the value of the benefit and the available amount.

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