The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported.
Held: The appeal failed. The court could take account of the illegal market value of drugs when setting the amount of a confiscation order. (Lord Walker and Lord Neuberger dissenting)
Judges:
Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance and Lord Neuberger of Abbotsbury
Citations:
[2009] Lloyd’s Rep FC 513, [2010] 1 Cr App R (S) 42, [2009] UKHL 30, Times 12-Jun-2009, [2009] 3 WLR 1, [2009] 1 AC 1076, [2010] 1 All ER 493, [2009] Crim LR 751
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Islam, Regina v CACD 31-Jul-2008
. .
Cited – Building and Civil Engineering Holidays Scheme Management Ltd v Post Office CA 1966
A question arose as to whether the stamps the Post Office lost, which if they had been stolen would have been sold in the thieves’ market, had a ‘market value’ within the meaning of the section.
Held: The buyer, the seller and the market . .
Cited – HM Revenue and Customs, Regina (on the Application of) v Raymond Machell QC and others Admn 21-Nov-2005
The claimant had had goods taken and destroyed by Revenue and Customs, which had been found to be wrongfully condemned. They had been awarded the market value of the goods at UK prices, though they had been bought in France.
Held: The market . .
Cited – British Motor Trade Association v Gilbert 1951
The Association had attempted to control the price of cars in the context of statutory support. It was after the Second World war and new cars were in short supply. Buyers of new cars had to contract not to sell the car bought for two years without . .
Cited – Mouat v Betts Motors Ltd PC 20-Oct-1958
When setting a level of damages, a price on a surreptitious market should be used, if that gave the correct measure of the loss. . .
Cited – Building and Civil Engineering Holidays Scheme Management Ltd v Post Office CA 1966
A question arose as to whether the stamps the Post Office lost, which if they had been stolen would have been sold in the thieves’ market, had a ‘market value’ within the meaning of the section.
Held: The buyer, the seller and the market . .
Cited – Byrne v Low 1972
The court was asked as to the amount of the monetary penalty for a contravention of the prohibition on the importation of indecent goods. The 1952 Act provided for calculation by reference to the price which the goods might reasonably be expected to . .
Cited – Regina v Thacker 1994
The question arose as to whether drugs which had been seized by Customs could be described as property held by the defendant.
Held: Lord Bingham CJ said: ‘It appears that seizure by the Customs and Excise under the Customs and Excise . .
Cited – Regina v Dore CACD 19-Dec-1996
A confiscation order was to be made. The judge included the purchase price of the drugs forfeited.
Held: As the drugs had been forfeited they were no longer the property of the former owner. So he was in no position to realise that property as . .
Overruled – Hussain, Regina v CACD 28-Feb-2006
The ‘benefit’ which the defendant had obtained from the illegal drugs imported by the defendant was nil because that which could not lawfully be bought and sold had no market value. . .
Cited – Regina v Dore CACD 19-Dec-1996
A confiscation order was to be made. The judge included the purchase price of the drugs forfeited.
Held: As the drugs had been forfeited they were no longer the property of the former owner. So he was in no position to realise that property as . .
Cited – Charrington and Co Ltd v Wooler HL 1914
The court is entitled to know the surrounding circumstances which prevailed when the contract was made. A contract is not to be construed in a vacuum. The term ‘market’ did not have a ‘fixed legal significance’ .
Lord Dunedin said: ‘in order to . .
Cited – Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 26 July 2022; Ref: scu.346819