Regina v Waya – WLR Daily

Posted November 16th, 2012 in confiscation, fraud, human rights, law reports, mortgages, proceeds of crime by tracey

Regina v Waya: [2012] UKSC 51;   [2012] WLR (D)  324

“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”

WLR Daily, 24th October 2012