Smith & Anor, R. v

Smith & Anor, R. v

The judge erred in applying the third statutory assumption by attributing the full purchase price of the drugs to each appellant; in the absence of evidence to the contrary, the expenditure should be apportioned equally. The default sentence imposed exceeded statutory limits and must be reduced. There is no arguable...

Source-derived case information.

Parties
Appellant: Jason Edward Smith; Appellant: Darren Roy Christian; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 October 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed in part; benefit figure reduced; default sentence quashed and substituted; renewed applications for leave to appeal financial reporting orders refused.
Legal Topics
Confiscation Orders, Financial Reporting Orders, Drug Offences, Statutory Assumptions, Default Sentences
Criminal Law Confiscation Orders Financial Reporting Orders Drug Offences Statutory Assumptions Default Sentences

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Jason Edward Smith

Appellant

Darren Roy Christian

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Proper application of statutory assumptions under section 10 of the Proceeds of Crime Act 2002 in confiscation proceedings
  2. 2 Calculation of benefit and expenditure for joint criminal ventures
  3. 3 Legality of default sentence imposed under Proceeds of Crime Act 2002

Ratio Decidendi

The judge erred in applying the third statutory assumption by attributing the full purchase price of the drugs to each appellant; in the absence of evidence to the contrary, the expenditure should be apportioned equally. The default sentence imposed exceeded statutory limits and must be reduced. There is no arguable cause for complaint regarding the financial reporting orders.

Court Disposition

Appeal allowed in part; benefit figure reduced; default sentence quashed and substituted; renewed applications for leave to appeal financial reporting orders refused.

Orders

  • Benefit figure for each appellant reduced to half the purchase price (£82,500)
  • Default sentence for Christian reduced from five years to two years