Attorney General's Reference No. 83 and 84 of 2004 [2006] EWCA Crim 2032 (20 July 2006)

Attorney General's Reference No. 83 and 84 of 2004 [2006] EWCA Crim 2032 (20 July 2006)

The statutory assumptions under the Drug Trafficking Act 1994 apply to the calculation of benefit for a convicted drug trafficker, even if the defendant was acquitted on a related count covering a longer period, unless the defendant can show on the balance of probabilities that the assets were not the proceeds of...

Source-derived case information.

Citation
[2006] EWCA Crim 2032
Parties
Applicant: Attorney General; Respondent/offender: Jerome Legall; Respondent/offender: Tracy Macaulay
Jurisdiction
England and Wales
Judgment Date
20 July 2006
Procedural Posture
Attorney General's Reference (criminal) / Appeal/review of Confiscation Orders Under S.36 Criminal Justice Act 1988
Outcome
Confiscation orders made against both offenders in agreed amounts; time to pay and default terms set.
Legal Topics
Confiscation Orders, Drug Trafficking, Statutory Assumptions, Double Jeopardy, Sentencing Review
Criminal Law Proceeds of Crime Confiscation Orders Drug Trafficking Statutory Assumptions Double Jeopardy Sentencing Review

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Parties

Attorney General

Applicant

Jerome Legall

Respondent/offender

Tracy Macaulay

Respondent/offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal/review of Confiscation Orders Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether statutory assumptions under the Drug Trafficking Act 1994 can be applied to benefit calculation for a convicted drug trafficker who was acquitted on a related count covering a longer period than the count of conviction.
  2. 2 Whether applying statutory assumptions in such circumstances creates a serious risk of injustice or double jeopardy.

Ratio Decidendi

The statutory assumptions under the Drug Trafficking Act 1994 apply to the calculation of benefit for a convicted drug trafficker, even if the defendant was acquitted on a related count covering a longer period, unless the defendant can show on the balance of probabilities that the assets were not the proceeds of drug trafficking or that applying the assumptions would create a serious risk of injustice. Mere acquittal on a count does not suffice to disapply the assumptions.

Court Disposition

Confiscation orders made against both offenders in agreed amounts; time to pay and default terms set.

Orders

  • Confiscation order against Jerome Legall in the sum of £148,000, to be paid within six months, with three years' imprisonment in default, consecutive to current sentence.
  • Confiscation order against Tracy Macaulay in the sum of £54,395.16, to be paid within three months, with two years' imprisonment in default.