Hackett, David

At Maidstone Crown Court in September 2005, David Hackett pleaded guilty to two counts of being knowingly concerned in the fraudulent evasion of duty chargeable on goods: count one concerned an offence committed on 19th January 2000 and count eight concerned an offence committed on 27th August 2004.

He subsequently admitted the breach of a suspended sentence of 12 months’ imprisonment which was imposed on 7th April 1999 for a similar offence.

He was sentenced to 10 weeks’ imprisonment to run concurrently on both counts of evasion of duty and a consecutive sentence of three months’ imprisonment for the breach of suspended sentence.

He was ordered to pay compensation of £20,402.91 to HM Revenue and Customs and to pay £15,000.00 towards prosecution costs.

A confiscation order was made in the amount of £645,050 with £200,000 to be paid within 28 days and the balance within six months. A default sentence of 4 years’ imprisonment was imposed.

Having considered the case in detail, the CCRC decided to refer Mr Hackett’s sentence to the Court of Appeal.

The principal reason for the referral was that the CCRC concluded there was a real possibility the Court of Appeal would find that the assumptions contained within s72AA Criminal Justice Act 1988 should have been disapplied in relation to a property which had been owned by Mr Hackett’s mother, a property which should not have been included in the scope of the confiscation order when it was imposed.

Accordingly, the CCRC considered there was a real possibility the confiscation order would be reduced.

The CCRC referred the confiscation order in November 2012.

The Court of Appeal reduced the confiscation order in June 2013.