Islam, R v

Islam, R v

The judge was wrong in law to include the wholesale value of the heroin in the benefit calculation, as illegal drugs are to be treated as having no value under sections 79 and 80 of the Proceeds of Crime Act 2002; the confiscation order must be reduced accordingly.

Parties
Respondent: R; Appellant: Samsul Islam
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Drug Trafficking, Valuation of Benefit, Market Value of Illegal Goods
Criminal Law Proceeds of Crime Confiscation Orders Drug Trafficking Valuation of Benefit Market Value of Illegal Goods

Case Brief

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Parties

R

Respondent

Samsul Islam

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the wholesale value of seized heroin should be included in the calculation of benefit for a confiscation order under the Proceeds of Crime Act 2002

Ratio Decidendi

The judge was wrong in law to include the wholesale value of the heroin in the benefit calculation, as illegal drugs are to be treated as having no value under sections 79 and 80 of the Proceeds of Crime Act 2002; the confiscation order must be reduced accordingly.

Court Disposition

appeal allowed

Orders

  • The confiscation order is reduced by £71,424.