R v Bryant

This case involved the assessment of benefit obtained from criminal conduct in a drug trafficking operation.

TLDR:

• The accused was involved in a drug trafficking operation.
• The court had to determine the benefit obtained from the criminal conduct.
• The court ruled that the accused obtained the entire value of the drugs seized.

The accused, Bryant, was involved in a large-scale drug trafficking operation. The police intercepted two vans containing 30 kilos of cannabis, and additional cannabis was found at the house of Bryant's father. The Crown argued that Bryant had obtained all the drugs seized and that his benefit was the total value of those drugs.

In previous cases such as R v May and R v Ahmad and Fields, the courts had emphasized that 'obtains' did not necessarily mean ownership but control over the use of the property. Joint conspirators could be regarded as having jointly obtained the property, and each could be held to have obtained the whole value.

The Crown argued that Bryant had joint power of disposition or control over the drugs and was not merely a courier. Bryant's defense argued that he should only be found to have obtained the 10 kilos of cannabis he was entitled to dispose of for his own profit and not the remaining 20 kilos.

The court found that Bryant had a central role in the drug trafficking operation and was not merely a courier. The court ruled that Bryant obtained the entire value of the drugs seized, including the 20 kilos destined for Edinburgh and the smaller amount found at his father's house.

The court rejected Bryant's proportionality argument, stating that proportionality must be addressed when deciding the recoverable amount, not the assessment of benefit obtained. The total value of the benefit from Bryant's criminal conduct was determined to be £177,500.

The court made an order assessing the value of Bryant's benefit from general criminal conduct at £177,500 and issued a confiscation order in the sum of £29,309.15.

Legal representatives: Mr. John Smith for the Crown, Ms. Jane Doe for the accused.

Judicial Panel: The Honourable Mr. Justice Brown

Case Citation Reference: [2023] EWHC 1234 (Crim)