Sachan, R v, Court of Appeal - Criminal Division, November 09, 2018, [2018] EWCA Crim 2592

Resolution Date:November 09, 2018
Issuing Organization:Criminal Division
Actores:Sachan, R v
 
FREE EXCERPT

10

2017/03003/C1

Neutral Citation Number: [2018] EWCA Crim 2592

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London

WC2A 2LL

Friday 9th November 2018

B e f o r e:

LORD JUSTICE DAVIS

MR JUSTICE BUTCHER

and

HIS HONONUR JUDGE KATZ QC

(Sitting as a Judge of the Court of Appeal Criminal Division)

- - - - - - - - - - - - - - - - - - -

R E G I N A

- v -

GAURAV SACHAN

- - - - - - - - - - - - - - - - - - -

Computer Aided Transcript of Epiq Europe Ltd, 165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)

- - - - - - - - - - - - - - - - - - -

Mr P Vollans appeared on behalf of the Applicant

Miss A Prakash appeared on behalf of the Crown

- - - - - - - - - - - - - - - - - - -

J U D G M E N TThis transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

Friday 9th November 2018

LORD JUSTICE DAVIS: I shall ask Mr Justice Butcher to give the judgment of the court.

MR JUSTICE BUTCHER:

1. This case raises the issue of the consequences of a failure to comply with the provisions of section 15(2) of the Proceeds of Crime Act 2002. The way in which the matter arises can be shortly stated.

2. On 27th June 2016, in the Crown Court at Southwark, the appellant entered a plea of guilty to a single count of Fraud by Abuse of Position between 4th March 2014 and 2nd December 2014. The facts of the offending were that the appellant had been employed as "Head of Digital" at a company called Alison at Home that provided and sold on-line furniture and domestic items. As part of his job he was given complete access to the company's website and to its PayPal accounts.

3. The appellant allowed a friend of his, a Mr Rubai, access to the company's PayPal account from which Mr Rubai stole some £104,581. The appellant himself benefited in the sum of £51,450, which he spent on consumer goods, restaurants and the like.

4. When he pleaded guilty, a basis of plea was put forward on behalf of the appellant, which was acceptable to the Crown. In the Basis of Plea document, it was stated that the appellant promised to make payment by way of compensation in the sum of £51,450.

5. On 19th August 2016, the appellant was sentenced to three years and three months' imprisonment. In addition, he was ordered to pay compensation in the sum of £51,450, to be paid within six months. All parties were aware at that point that the prosecution intended to pursue a confiscation order under the Proceeds of Crime Act 2002.

6. Leave to appeal against sentence was sought on the ground that the sentence was excessive. Leave was refused by the single judge and the application was not renewed.

7. On 27th February 2017 there was a final confiscation hearing at Southwark Crown Court. The parties had agreed a benefit figure of £77,343.96, which represented the amount of £52,076 - namely, the amount of £51,450, adjusted for inflation, plus £27,267.96 from general criminal conduct. They had...

To continue reading

REQUEST YOUR TRIAL