The appellant had completed that proportion of a total of 22 years’ imprisonment, which he was required to serve for drug trafficking offences. But he remained in prison serving a default term for failure to pay the whole of the sum of pounds 3,458,806, which he was required to pay by virtue of a confiscation order. The default term was originally 10 years’ imprisonment, reduced on appeal to 8 years, and further reduced, pursuant to s.79 of the Magistrates Court Act 1980, on payment of a portion of the total sum ordered, to a period of approximately 5.6 years.
Application for certificate of inadequacy.
Judges:
Ward LJ, Moore-Bick LJ, Moses LJ
Citations:
[2007] EWCA Civ 1385, [2008] 2 Cr App Rep (S) 48, [2008] Crim LR 400, [2008] 3 All ER 405
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Mcintosh and Another v Regina CACD 22-Jun-2011
The appellants argued that the court had misdirected itself in law when concluding that neither appellant had satisfied him that the amount that might be realised at the time he made the confiscation orders was less than the agreed amount of . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 26 March 2022; Ref: scu.263411