||All England Reporter
|| All ER (D) 211 (May)
|| EWCA Crim 1048
||Court of Appeal, Criminal Division
Auld LJ, Elias J and Sir Edwin Jowitt
||Ben Cooper (assigned by the Registrar of Criminal Appeals) for the first defendant.
||Surangani Piyadasa (assigned by the Registrar of Criminal Appeals) for the second defendant.
||Justin Gau (instructed by the Crown Prosecution Service) for the Crown.
||14 May 2004
Sentencing - Confiscation order - Assessment - Proceeds of drug trafficking - Judge disregarding accused's basis of plea - Correctness of decision.
Where a judge had accepted a basis of plea or had made a ruling following a Newton hearing for the purpose of sentence, there was no inconsistency in taking another set of assumptions in the context of a Drug Trafficking Act inquiry. Where a defendant sought to adduce fresh expert evidence on appeal against a confiscation order, the same considerations as to admissibility were to be considered as applied in appeals against conviction.
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