Sam Healey was instructed to represent the head of an organised crime group operating out of Merseyside in a confiscation hearing and also appeal.

The client accepted his role as suggested by the prosecution in that he was the head of a conspiracy to supply cocaine and had supplied as much as 303kg and at least 216kg of Class A drugs (cocaine) over a 6 month period. The client had been brought back to this jurisdiction following the execution of a European Arrest Warrant. For confiscation purposes, the prosecution calculated the benefit from the supply of drugs to be at least £6.4million and therefore suggested that the client must have hidden assets. The response that we submitted was that the client’s only asset was a watch that was valued at approximately £2,000.Having prepared detailed submissions which relied upon the prosecution’s own evidence to support the defence case, we were able to successfully show that there were no hidden assets.

In particular, it was submitted that the conspiracy was not a profitable enterprise, that there was no evidence of an extravagant lifestyle and the evidence demonstrated that the client’s assets were as described, a single watch. On the day of the confiscation hearing due to take place, the prosecution conceded the evidence and the submissions that were made by the defence and ultimately that the client did not have any hidden assets. Therefore, a confiscation order was made by agreement in that there were no hidden assets and the client’s only available asset was a watch and cash to the combined total value of £2,250.

In separate proceedings at the Court of Appeal, we were also able to secure a reduction in the client’s sentence where it was argued that insufficient credit had been given for the client’s early guilty plea. In particular, the definitive guideline in relation to ‘reduction in sentence for early guilty plea’ dictates that a reduction of one-third should be made where a guilty plea is indicated at the first stage of the proceedings, this normally being the first appearance at the Magistrates’ Court. However, the guidelines also confirm that where there are particular circumstances that significantly reduce a defendant’s ability to understand what is alleged or otherwise make it unreasonable to expect a defendant to indicate a guilty plea sooner than it was done, a reduction of one-third should still be made. The sentencing Court initially found, despite submissions to the contrary, that the maximum credit that should be afforded to the client was one of 25% (one-quarter). However, we were able to persuade the Court of Appeal that in the circumstances of this case and from the case management form that had been completed by Sam Healey at the Magistrates’ Court, that that could not be the client’s first reasonable opportunity to plead guilty as we had not received any evidence or a case summary. This was agreed by the Court, who further reduced the client’s sentence allowing for the full one-third to be applied.

Sam Healey instructed Tom Day of counsel at 2 Hare Court.