Hussain, R. v

Hussain, R. v

A confiscation order cannot be made where the property obtained is an illegal drug with no lawful market value, as no benefit accrues under the Proceeds of Crime Act 2002.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Manaf Hussain
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Confiscation Order, Proceeds of Crime, Market Value, Drug Importation
Criminal Law Confiscation Order Proceeds of Crime Market Value Drug Importation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Manaf Hussain

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a confiscation order should be made when the property obtained is an illegal drug with no lawful market value
  2. 2 Interpretation of 'market value' under the Proceeds of Crime Act 2002

Ratio Decidendi

A confiscation order cannot be made where the property obtained is an illegal drug with no lawful market value, as no benefit accrues under the Proceeds of Crime Act 2002.

Court Disposition

appeal dismissed

Orders

  • No confiscation order to be made against the respondent.