R v McDowell and another

Criminal law – Proceeds of crime. The Court of Appeal, Civil Division, allowed an appeal by HS, against a confiscation order imposed by a judge in the Crown Court. The judge had found that HS had benefited from his criminal conduct, namely carrying on business as a scrap metal dealer without registering the required particulars, for a period in excess of six months. The court held that his receipts had been obtained as a result of or in connection with trading activity that was lawful in itself and not from the failure to register the particulars of the business that comprised the criminal offence. Since, as a matter of causation, his trading receipts had not been obtained as a result of or in connection with this failure to register his particulars, s 75(2) of the Proceeds of Crime Act 2002 served to exclude the criminal lifestyle provisions.

Category: