Elsayed vThe Crown

Elsayed vThe Crown

Given the judge's findings that the appellant was a street-level dealer intending to sell the drugs in retail wraps, the market value for confiscation purposes was properly assessed at the retail street value, not the wholesale value. This approach accords with the statutory provisions and relevant authorities.

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

Case Brief

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Parties

Shearif Stephen Elsayed

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on 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
  2. 2 Interpretation of sections 79 and 80 of the Proceeds of Crime Act 2002

Ratio Decidendi

Given the judge's findings that the appellant was a street-level dealer intending to sell the drugs in retail wraps, the market value for confiscation purposes was properly assessed at the retail street value, not the wholesale value. This approach accords with the statutory provisions and relevant authorities.

Court Disposition

appeal dismissed

Orders

  • Confiscation order in the amount of £245,984 upheld
  • Six months for payment