Elsayed vThe Crown [2014] EWCA Crim 333 (04 March 2014)

Elsayed vThe Crown [2014] EWCA Crim 333 (04 March 2014)

The value of drugs for confiscation purposes under the Proceeds of Crime Act 2002 is to be assessed by reference to the retail street value where the defendant is found to be a street-level dealer intending to sell the drugs in that market, regardless of the purity or wholesale source at the time of acquisition.

Source-derived case information.

Citation
[2014] EWCA Crim 333
Parties
Appellant: Shearif Stephen Elsayed; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal dismissed
Legal Topics
Confiscation Proceedings, Valuation of Benefit, Proceeds of Crime Act 2002, Drug Offences
Criminal Law Confiscation Proceedings Valuation of Benefit Proceeds of Crime Act 2002 Drug Offences

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Parties

Shearif Stephen Elsayed

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the value of drugs for confiscation purposes should be assessed at wholesale or retail (street) value under the Proceeds of Crime Act 2002

Ratio Decidendi

The value of drugs for confiscation purposes under the Proceeds of Crime Act 2002 is to be assessed by reference to the retail street value where the defendant is found to be a street-level dealer intending to sell the drugs in that market, regardless of the purity or wholesale source at the time of acquisition.

Court Disposition

appeal dismissed

Orders

  • confiscation order in the amount of £245,984 upheld
  • six months for payment