APPLICATION FOR A COFNISCATION ORDER BY HMA AGAINST GRANT ROBERT BROADFOOT [2024] ScotHC HCJ_1 (04 June 2024)

APPLICATION FOR A COFNISCATION ORDER BY HMA AGAINST GRANT ROBERT BROADFOOT [2024] ScotHC HCJ_1 (04 June 2024)

The accused obtained all of the drugs recovered, including those destined for Edinburgh and the bag found at his father's home, as he played a central role in the operation and exercised control over the drugs. The total value of the benefit is the sum of the agreed benefit and the value of all drugs recovered, amounting to £177,500.

Citation
[2024] ScotHC HCJ_1
Parties
Prosecutor: His Majesty's Advocate; Accused: Grant Robert Broadfoot
Jurisdiction
Scotland
Judgment Date
04 June 2024
Procedural Posture
Application for Confiscation Order (criminal Proceeds) / Determination Hearing and Final Order
Outcome
Confiscation order granted; benefit assessed at £177,500; order made for £29,309.15.
Legal Topics
Confiscation Order, Benefit From Criminal Conduct, Criminal Lifestyle, Drug Trafficking
Criminal Law Proceeds of Crime Confiscation Order Benefit From Criminal Conduct Criminal Lifestyle Drug Trafficking

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Parties

His Majesty's Advocate

Prosecutor

Grant Robert Broadfoot

Accused

Procedural Posture

Application for Confiscation Order (criminal Proceeds) / Determination Hearing and Final Order

Legal Issues

  1. 1 Whether the value of all drugs recovered should be included in the benefit obtained by the accused for the purposes of a confiscation order under the Proceeds of Crime Act 2002

Ratio Decidendi

The accused obtained all of the drugs recovered, including those destined for Edinburgh and the bag found at his father's home, as he played a central role in the operation and exercised control over the drugs. The total value of the benefit is the sum of the agreed benefit and the value of all drugs recovered, amounting to £177,500.

Court Disposition

Confiscation order granted; benefit assessed at £177,500; order made for £29,309.15.

Orders

  • Order assessing benefit from general criminal conduct at £177,500 under section 92(6) of the Proceeds of Crime Act 2002.
  • Confiscation order made in the sum of £29,309.15.