| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 403 (Dec) |
| Neutral Citation: | [2001] EWCA Crim 2825 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Latham LJ, Pitchford J and Judge Tilling |
| Representation | Anthony Wilcken (assigned by the Registrar of Criminal Appeals) for the defendant. |
| James Dennison (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 5 December 2001 |
Catchwords
Sentencing - Drugs - Drug trafficking - Confiscation order - Proceeds of drug trafficking - Assumptions to be made - Assumption that defendant has benefited from drug trafficking - Judge stating that defendant entrusted with drugs in question - Whether proper for judge to assume defendant received value of drugs.
The Case
Where a defendant acted as a custodian for drugs and was not a retail seller of those drugs, it was not proper to assume, under s4(3) of the that the value of those drugs was property transferred to the defendant and accordingly available for inclusion in a confiscation order under s2 of the Act,
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