Smith, R. v [2009] EWCA Crim 344 (17 February 2009)

Smith, R. v [2009] EWCA Crim 344 (17 February 2009)

The default term should reflect both the lack of cooperation by the appellant and the fact that the confiscation order was not for the maximum amount in the statutory band; thus, a term of four-and-a-half years is appropriate.

Source-derived case information.

Citation
[2009] EWCA Crim 344
Parties
Respondent: Regina; Appellant: John Smith
Jurisdiction
England and Wales
Judgment Date
17 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order (default Term)
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Default Sentence, Drug Trafficking, Criminal Lifestyle, Enforcement of Orders
Criminal Law Proceeds of Crime Confiscation Order Default Sentence Drug Trafficking Criminal Lifestyle Enforcement of Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

John Smith

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order (default Term)

Legal Issues

  1. 1 Whether the default period for non-payment of a confiscation order was correctly set at the statutory maximum for the relevant band
  2. 2 Whether the judge should have considered the amount of the order within the statutory band when setting the default term

Ratio Decidendi

The default term should reflect both the lack of cooperation by the appellant and the fact that the confiscation order was not for the maximum amount in the statutory band; thus, a term of four-and-a-half years is appropriate.

Court Disposition

appeal allowed in part

Orders

  • Default term reduced from five years to four-and-a-half years
  • No further extension of enforcement period unless appellant proves realisation of assets