Attorney General's Reference No. 83 and 84 of 2004

Attorney General's Reference No. 83 and 84 of 2004

The statutory assumptions under the Drug Trafficking Act 1994 apply to the offenders despite acquittal on a related count, as the acquittal does not prove absence of drug trafficking during the relevant period. No serious risk of injustice arises merely from the application of the assumptions, and the confiscation orders should be made based on agreed benefit and realisable asset figures.

Parties
Applicant: Attorney General; Respondent/offender: Jerome Legall; Respondent/offender: Tracy Macaulay
Jurisdiction
England and Wales
Judgment Date
20 July 2006
Procedural Posture
Criminal Reference / Judgment on Attorney General's Reference Regarding Confiscation Orders
Outcome
Confiscation orders made against both offenders in agreed amounts; time allowed for payment; default imprisonment terms specified.
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

Criminal Reference / Judgment on Attorney General's Reference Regarding Confiscation Orders

Legal Issues

  1. 1 Whether statutory assumptions under the Drug Trafficking Act 1994 should be applied in confiscation proceedings following conviction for conspiracy to supply controlled drugs, despite acquittal on related counts
  2. 2 Whether applying such assumptions creates a serious risk of injustice or double jeopardy

Ratio Decidendi

The statutory assumptions under the Drug Trafficking Act 1994 apply to the offenders despite acquittal on a related count, as the acquittal does not prove absence of drug trafficking during the relevant period. No serious risk of injustice arises merely from the application of the assumptions, and the confiscation orders should be made based on agreed benefit and realisable asset figures.

Court Disposition

Confiscation orders made against both offenders in agreed amounts; time allowed for payment; default imprisonment terms specified.

Orders

  • Confiscation order against Jerome Legall in the sum of £148,000, payable 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, payable within three months, with two years' imprisonment in default.