The defendant appealed against a confiscation order made on his conviction for growing cannabis plants. He said that the value used by the judge had not been that at the time when the plants were recovered.
Held: The appeal failed: ‘, while the market that has to be contemplated in assessing the available amount under section 9 of the 2002 Act must be taken as one to which the defendant can resort legally, when it comes to calculating the amount of his benefit the judge has to look to the market where such goods are ordinarily bought and sold. In the case of illegal drugs, as here, that market must be the market where the defendant will be expected to dispose of the drugs for profit and his benefit must be valued accordingly. The assessment at street value of the drugs in this case by the expert witness, which cannot be disputed, has been made on exactly that basis.’
Davis LJ, King J, Stokes QC HHJ Rec
[2014] EWCA Crim 2290
Bailii
England and Wales
Criminal Sentencing
Updated: 30 December 2021; Ref: scu.546836