Regina v Brooks [2016] EWCA Crim 44
‘Following the seizure of a large consignment of cocaine by the Irish navy, the defendant was convicted in the United Kingdom of conspiracy to import drugs and sentenced to a term of imprisonment. In confiscation proceedings under the Proceeds of Crime Act 2002 the recorder ruled that the defendant had a criminal lifestyle for the purposes of section 75 of the 2002 Act. He assessed the defendant’s benefit as being a little over £3·6m, comprising the value of the drugs at just under £3m and a 50% interest in a Spanish property valued at £296,000, and held that the recoverable amount was the same as the benefit figure on the basis that, although the defendant’s identifiable assets amounted to just under £1,400, he had undisclosed assets which he had failed to show were less than his benefit. Accordingly, the recorder made a confiscation order in the sum of the benefit figure. The defendant appealed against the order on the grounds that the recorder had erred in (i) including the value of the drugs in the benefit figure on the basis that the defendant had purchased them or contributed to their purchase, when there was no evidence that the defendant had done so; (ii) including the value of the drugs in the recoverable amount, when they had been seized by the Irish authorities; and (iii) including the value of the property in the recoverable amount, when under Spanish law the defendant’s partner was the legal and equitable owner.’
WLR Daily, 10th March 2016
Source: www.iclr.co.uk
