A confiscation order for £2.34 million, representing the benefit from an offender’s part in a large-scale drugs conspiracy, was proportionate. The offender had failed to demonstrate that the available amount was less than his benefit from criminal conduct. His argument that the judge should have considered how much of the proceeds he had retained when calculating the available amount was rejected, as the Proceeds of Crime Act 2002 was directed to the proceeds of crime, not the net profits.
A judge had not erred when sentencing an offender to life imprisonment, with a minimum term of 10 years, as a sentence of “last resort” for extreme child sex offences committed over a number of years against his own children. The sentence was also not unduly lenient, despite the minimum term not being increased when the offender was sentenced for further offences which involved the same children being offered to other men for sexual purposes.
Sentences of 18 months’ imprisonment suspended for two years and accompanied by 100-hour unpaid work requirements were appropriate in the case of two offenders who had been involved in a conspiracy to launder money. Although they had played an active part in the conspiracy by opening bank accounts, applying for mortgages and purchasing cars and properties, they had rehabilitated themselves to a considerable extent since their arrests and one was a single mother caring for two young children.
An appellant’s convictions for conspiracy to import and supply class A drugs were safe. Decisions taken during the trial by defence counsel to adduce evidence of the appellant’s previous convictions, to call a co-accused as a witness and not to correct an alleged omission from the defence statement were not unreasonable or outside the range of decisions open to competent counsel.
An extended sentence of 18 years and five months, which included a custodial term of 13 years and five months, was appropriate in the case of the appellant, who had pleaded guilty to conspiracy to rob and to three offences of having an imitation firearm with intent.