Smith, R. v

Smith, R. v

The default period should be proportionate to the confiscation amount and the appellant's lack of cooperation, but not set at the maximum unless the amount is at the top of the statutory band; four-and-a-half years is appropriate.

Parties
Respondent: Regina; Appellant: John Smith
Jurisdiction
England and Wales
Judgment Date
17 February 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Default Sentence, Drug Offences
Criminal Law Confiscation Order Default Sentence Drug Offences

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Respondent

John Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the default period imposed for non-payment of a confiscation order was appropriate given the amount involved and the appellant's lack of cooperation

Ratio Decidendi

The default period should be proportionate to the confiscation amount and the appellant's lack of cooperation, but not set at the maximum unless the amount is at the top of the statutory band; four-and-a-half years is appropriate.

Court Disposition

appeal allowed in part

Orders

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