McCarry, R v [2008] EWCA Crim 1587 (2 July 2008)

McCarry, R v [2008] EWCA Crim 1587 (2 July 2008)

The basis of plea was silent as to the applicant's activities in the six years prior to proceedings, and the Crown did not expressly concede the applicant's account; therefore, statutory assumptions could be applied and the confiscation order was not precluded.

Citation
[2008] EWCA Crim 1587
Parties
Prosecution: Regina; Applicant: John McCarry
Jurisdiction
England and Wales
Judgment Date
02 July 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Confiscation Order
Outcome
application refused
Legal Topics
Confiscation Order, Basis of Plea, Drug Offences
Criminal Law Confiscation Order Basis of Plea Drug Offences

Case Brief

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Parties

Regina

Prosecution

John McCarry

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Confiscation Order

Legal Issues

  1. 1 Whether the basis of plea precluded the making of a confiscation order
  2. 2 Whether statutory assumptions could be applied to property found in possession of the applicant

Ratio Decidendi

The basis of plea was silent as to the applicant's activities in the six years prior to proceedings, and the Crown did not expressly concede the applicant's account; therefore, statutory assumptions could be applied and the confiscation order was not precluded.

Court Disposition

application refused

Orders

  • confiscation order of approximately £33,500 upheld