Liscott, R. v
The trial judge was entitled to find that each applicant had hidden assets based on the evidence, including covert recordings, asset ownership, and inconsistent explanations. The apportionment of benefit and the confiscation orders were justified given the applicants' roles in the conspiracy. The default sentences imposed were within the permissible range and not manifestly excessive. The hearing was fair and the judge's conduct appropriate.
- Parties
- Applicant: Mark Liscott; Applicant: James Toon; Applicant: Andrew Liscott; Respondent: Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 03 July 2007
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Confiscation Orders
- Outcome
- applications for leave to appeal refused
- Legal Topics
- Confiscation Orders, Drug Offences, Conspiracy, Hidden Assets, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Mark Liscott
Applicant
James Toon
Applicant
Andrew Liscott
Applicant
Crown
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Confiscation Orders
Legal Issues
- 1 Whether the trial judge erred in finding the existence of hidden assets for each applicant
- 2 Whether the confiscation orders were unduly harsh or excessive
- 3 Whether the default sentences imposed were appropriate
Ratio Decidendi
The trial judge was entitled to find that each applicant had hidden assets based on the evidence, including covert recordings, asset ownership, and inconsistent explanations. The apportionment of benefit and the confiscation orders were justified given the applicants' roles in the conspiracy. The default sentences imposed were within the permissible range and not manifestly excessive. The hearing was fair and the judge's conduct appropriate.
Court Disposition
applications for leave to appeal refused
Orders
- Mark Liscott's application for leave to appeal against confiscation order refused
- Andrew Liscott's application for leave to appeal against confiscation order refused
Full Case Text
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