| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 211 (May) |
| Neutral Citation: | [2004] EWCA Crim 1048 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Auld LJ, Elias J and Sir Edwin Jowitt |
| Representation | 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. | |
| Judgment Dates: | 14 May 2004 |
Catchwords
Sentencing - Confiscation order - Assessment - Proceeds of drug trafficking - Judge disregarding accused's basis of plea - Correctness of decision.
The Case
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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