Adam & Anor, R v [2011] EWCA Crim 865
[1]On 20th January 2011 the Full Court granted the appellants an extension of time and leave to appeal against their confiscation orders.[2]The Court adjourned the hearing of the appeal to a date to be fixed and directed that the appellants and respondent complete service of further submissions by 3rd March 2011.[3]The respondent now accepts that the appeals should be allowed to the extent of quashing the original confiscation orders.[4]Both parties are content for us to resolve the appeal without an oral hearing.[5]The Crown contends and the appellants concede that a substituted confiscation order should be imposed in respect of the appellants in the following terms: i) A finding that each appellant benefited in the sum of £16,250 (the value of the cigarettes and VAT); ii) A confiscation order be made against each appellant in that same sum.[6]We agree.[7]There is some disagreement about the period in default and the period after which the payment must be made.[8]In our view the order which should be made is: i) A period of 9 months imprisonment be imposed in default; ii) That payment of the order be made within 6 months.[9]The Court accordingly quashes the existing confiscation orders and substitutes an order against each appellant in these four terms.[10]The Court is grateful for help from both counsel and the Criminal Appeal Office in the resolution of these appeals.