Corcoran, R v

The confiscation order must be recalculated to deduct costs of sale at 3% and the benefit figure must be £624,000, as the basis of plea was intended to apply to confiscation proceedings.

Parties: Respondent: Regina; Appellant: Michael Edward Corcoran
Jurisdiction: England and Wales
Judgment Date: 03 July 2008
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Confiscation Order, Drug Trafficking, Basis of Plea, Statutory Assumptions

Criminal Law Confiscation Order Drug Trafficking 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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5

Parties

Regina

Respondent

Michael Edward Corcoran

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether costs of sale should have been deducted from the value of realisable assets in the confiscation order
2 Whether the benefit figure for the appellant should be £624,000 or £722,000 based on the basis of plea

Ratio Decidendi

The confiscation order must be recalculated to deduct costs of sale at 3% and the benefit figure must be £624,000, as the basis of plea was intended to apply to confiscation proceedings.

Court Disposition

appeal allowed

Orders

Costs of sale to be deducted at 3% from property value in confiscation order.
Appellant's benefit figure set at £624,000 for confiscation purposes.