Priestley v R

Priestley v R

The appeal was dismissed except as to the default period of imprisonment. The judge was entitled to apply the statutory assumptions, determine the benefit and realisable assets as he did, and aggregate the sums without reduction for alleged double accounting, as the appellant failed to discharge the burden of proof or provide evidence. The default period was imposed in error and will be reduced.

Parties
Appellant: R W Priestley; Respondent: R
Jurisdiction
England and Wales
Judgment Date
26 August 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order, Default Sentence, and Costs
Outcome
Appeal dismissed except as to default period; default period to be reduced; otherwise orders affirmed.
Legal Topics
Confiscation Order, Criminal Benefit, Realisable Assets, Imprisonment in Default, Costs Order, Statutory Assumptions, Double Accounting
Criminal Law Confiscation Proceedings Confiscation Order Criminal Benefit Realisable Assets Imprisonment in Default Costs Order Statutory Assumptions +1 more

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Parties

R W Priestley

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order, Default Sentence, and Costs

Legal Issues

  1. 1 Whether the confiscation order amount was excessive or unjust
  2. 2 Whether the statutory assumptions under the Criminal Justice Act 1988 were properly applied
  3. 3 Whether there was double accounting in the calculation of benefit

Ratio Decidendi

The appeal was dismissed except as to the default period of imprisonment. The judge was entitled to apply the statutory assumptions, determine the benefit and realisable assets as he did, and aggregate the sums without reduction for alleged double accounting, as the appellant failed to discharge the burden of proof or provide evidence. The default period was imposed in error and will be reduced.

Court Disposition

Appeal dismissed except as to default period; default period to be reduced; otherwise orders affirmed.

Orders

  • Confiscation order of £2,290,907.52 affirmed
  • Costs order of £30,000 affirmed