Griffin, R v

Griffin, R v

Section 16 of the Drug Trafficking Act 1994 permits the Crown Court to increase the amount to be recovered under a confiscation order even after it has previously been reduced to nil under section 17, and there is no statutory or procedural bar to such an increase. The reasonable time requirement under Article 6(1)...

Source-derived case information.

Parties
Appellant: Dion Howard Griffin; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
24 February 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Orders, Statutory Interpretation, Human Rights, Reasonable Time, Variation of Orders
Criminal Law Drug Trafficking Proceeds of Crime Confiscation Orders Statutory Interpretation Human Rights Reasonable Time Variation of Orders

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Parties

Dion Howard Griffin

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether a confiscation order reduced to nil can be increased under section 16 of the Drug Trafficking Act 1994
  2. 2 Whether increasing the confiscation order after a significant lapse of time violates Article 6(1) of the European Convention on Human Rights

Ratio Decidendi

Section 16 of the Drug Trafficking Act 1994 permits the Crown Court to increase the amount to be recovered under a confiscation order even after it has previously been reduced to nil under section 17, and there is no statutory or procedural bar to such an increase. The reasonable time requirement under Article 6(1) ECHR was not violated as there was no unreasonable delay by the state.

Court Disposition

appeal dismissed

Orders

  • The confiscation order in the sum of £33,897 stands.
  • Mr Griffin is ordered to pay £33,897 within six months from 30th April 2007.