Sumal & Sons (Properties) Ltd, R v

[2012] EWCA Crim 3109

Case details

Case citations
[2012] EWCA Crim 3109
Court
Court of Appeal (Criminal Division)
Judgment date
18 December 2012
Judgment text

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Subjects
Criminal Confiscation Proceeds of crime
Keywords
confiscation criminal benefit rental income unlicensed property Housing Act 2004 section 95(1) Proceeds of Crime Act 2002 section 76(4) certified point of law
Outcome
appeal allowed (point of law certified; leave to appeal to the supreme court refused)
Judicial consideration

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Summary

The judgment records that the appeal was allowed. It gives no reasons resolving the substantive issue and therefore states no general rule of law. The court certified a point of law concerning whether rent from property unlicensed under Housing Act 2004 section 95(1) can constitute benefit under Proceeds of Crime Act 2002 section 76(4).

Factual background

R v Sumal & Sons (Properties) Ltd was an appeal in the Court of Appeal (Criminal Division). The supplied text records that the appeal was allowed, but provides no factual background, lower-court decision, or reasons for the result.

The court certified a point of law of general public importance: whether rental income from property unlicensed contrary to section 95(1) of the Housing Act 2004 may be benefit obtained as a result of or in connection with particular criminal conduct for section 76(4) of the Proceeds of Crime Act 2002.

Held

  1. The appeal was allowed.
  2. The court certified the stated point of law of general public importance concerning rental income from unlicensed property and criminal benefit under the Proceeds of Crime Act 2002.
  3. The supplied judgment contains no reasoning on the certified question. It does not state the basis on which the appeal was allowed or determine the substantive statutory issue.
  4. Leave to appeal to the Supreme Court had already been refused.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division): allowed the appeal in [2012] EWCA Crim 3109 and certified a point of law of general public importance.
  • Supreme Court: leave to appeal had already been refused.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed (point of law certified; leave to appeal to the supreme court refused)

Key cases cited

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Cases citing this case

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