Dickens, R. v [1990] EWCA Crim 4 (11 April 1990)

Dickens, R. v [1990] EWCA Crim 4 (11 April 1990)

The confiscation order was properly calculated in accordance with the Drug Trafficking Offences Act 1986, including the value of assets such as the Range Rover and boats, as the statutory assumptions and evidential requirements were correctly applied and the appellant failed to rebut them.

Source-derived case information.

Citation
[1990] EWCA Crim 4
Parties
Respondent: Regina; Appellant: David Dickens
Jurisdiction
England and Wales
Judgment Date
11 April 1990
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order Following Conviction
Outcome
Appeal dismissed
Legal Topics
Drug Trafficking, Confiscation Orders, Burden of Proof, Proceeds of Crime
Criminal Law Drug Trafficking Confiscation Orders Burden of Proof Proceeds of Crime

Source-derived case record

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Parties

Regina

Respondent

David Dickens

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order Following Conviction

Legal Issues

  1. 1 Whether the confiscation order was properly calculated under the Drug Trafficking Offences Act 1986
  2. 2 Whether the burden of proof and evidential assumptions under the Act were correctly applied
  3. 3 Whether assets not held by the appellant at the time of the order could be included

Ratio Decidendi

The confiscation order was properly calculated in accordance with the Drug Trafficking Offences Act 1986, including the value of assets such as the Range Rover and boats, as the statutory assumptions and evidential requirements were correctly applied and the appellant failed to rebut them.

Court Disposition

Appeal dismissed

Orders

  • Confiscation order of £129,300 upheld
  • Appellant to pay £129,300 within six months or serve two years' imprisonment consecutively in default