Jointly held available assets must be apportioned between defendants
In R v Gangar and White  EWCA 1378 the Crown Court had made confiscation orders in which the total value of realisable assets jointly owned by both Appellants had been added to each. Thus, each order was increased by the total value of those assets rather than apportioned 50% to each. The Court of Appeal roundly rejected the contention on behalf of the Crown that the judge was entitled to do so. Giving the judgment of the Court, Lord Justice Hughes said: we do not believe that it can possibly be the law that a judge is required to make two confiscation orders on the basis that if one is satisfied the other, which becomes impossible of obedience, will then require an application for a certificate of inadequacy or for a variation in order to cure a defect which was always patent."
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