Lazarus, R. v [2004] EWCA Crim 2297 (24 August 2004)

Lazarus, R. v [2004] EWCA Crim 2297 (24 August 2004)

The sentence imposed was within the appropriate range for the offences and the applicant's role. The confiscation order under the Proceeds of Crime Act 2002 was invalid as the relevant offence predated its commencement; the correct statute was the Drug Trafficking Act 1994. The statutory assumptions under the 1994 Act were properly applied as there was no explicit concession by the Crown limiting the period of offending, and the applicant had the opportunity to rebut the assumptions but failed to do so.

Citation
[2004] EWCA Crim 2297
Parties
Applicant/defendant: Tony Jason Lazarus; Respondent/prosecution: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
24 August 2004
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Sentence and Appeal Against Confiscation Order
Outcome
Appeal against sentence refused; appeal against confiscation order allowed in part
Legal Topics
Drug Offences, Sentencing, Confiscation Orders, Statutory Assumptions, Proceeds of Crime, Drug Trafficking Act 1994, Proceeds of Crime Act 2002
Criminal Law Drug Offences Sentencing Confiscation Orders Statutory Assumptions Proceeds of Crime Drug Trafficking Act 1994 Proceeds of Crime Act 2002

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Parties

Tony Jason Lazarus

Applicant/defendant

Regina (The Crown)

Respondent/prosecution

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Sentence and Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the sentence of four-and-a-quarter years' imprisonment was wrong in principle or manifestly excessive
  2. 2 Whether the confiscation order was lawfully made under the Proceeds of Crime Act 2002 or should have been made under the Drug Trafficking Act 1994
  3. 3 Whether statutory assumptions under the Drug Trafficking Act 1994 could be applied without serious risk of injustice

Ratio Decidendi

The sentence imposed was within the appropriate range for the offences and the applicant's role. The confiscation order under the Proceeds of Crime Act 2002 was invalid as the relevant offence predated its commencement; the correct statute was the Drug Trafficking Act 1994. The statutory assumptions under the 1994 Act were properly applied as there was no explicit concession by the Crown limiting the period of offending, and the applicant had the opportunity to rebut the assumptions but failed to do so.

Court Disposition

Appeal against sentence refused; appeal against confiscation order allowed in part

Orders

  • Application for leave to appeal sentence refused
  • Order under Proceeds of Crime Act 2002 quashed