McCarry, R v

McCarry, R v

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

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, Drug Offences, Basis of Plea, Statutory Assumptions
Criminal Law Confiscation Order Drug Offences Basis of Plea Statutory Assumptions

Case Brief

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 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 the applicant's possession

Ratio Decidendi

The basis of plea was silent as to the applicant's activities in the six years prior to the proceedings, and the prosecution 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