Practice and Procedure

R v ISLAM (2009)

PUBLISHED June 10, 2009

[2009] UKHL 30

For the purposes of the Proceeds of Crime Act 2002 s.79(2) and s.80(2) goods of an illegal nature obtained by a defendant were not to be treated as having no value when calculating a defendant's benefit in confiscation proceedings. It was consistent with both the language and the spirit of the statutory scheme to take account of the black market value of drugs, even though such drugs had a nil market value after seizure, R. v Hussain (Manaf) [2006] EWCA Crim 621 overruled.

HL (Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury)