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Sentence – Confiscation order. The Court of Appeal, Criminal Division, on allowing a defendant's appeal, ordered the re-hearing of a confiscation hearing on the issue of benefit in circumstances where there had been a misunderstanding on the judge's part of the defendant's position on that issue. The defendant had not conceded the prosecutor's benefit figure nor, alternatively, had the judge, in the circumstances, been entitled so to find. In consequence, the defendant neither gave evidence, nor addressed argument to the judge, upon the benefit issue. For that reason, the confiscation hearing had been tainted with unfairness and the judge's ruling on that matter would be quashed.
Sentence – Confiscation order. The Court of Appeal, Criminal Division, on allowing a defendant's appeal, ordered the re-hearing of a confiscation hearing on the issue of benefit in circumstances where there had been a misunderstanding on the judge's part of the defendant's position on that issue. The defendant had not conceded the prosecutor's benefit figure nor, alternatively, had the judge, in the circumstances, been entitled so to find. In consequence, the defendant neither gave evidence, nor addressed argument to the judge, upon the benefit issue. For that reason, the confiscation hearing had been tainted with unfairness and the judge's ruling on that matter would be quashed.
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