Megan Fletcher-Smith, instructed by Ben Shepherd of Shepherd’s Solicitors, represented a client who had entered a guilty plea on an accepted basis, to conspiracy to supply class A drugs.
The Crown initially contended that each of the co-conspirators received a benefit of £888,694.13.
Megan referred the Crown to the case of R v Munir [2020] EWCA Crim 1549, which repeated the established principle that, where there is an accepted basis of plea, the Crown is bound by that in confiscation proceedings as they form part of the sentencing procedure.
The basis of plea confirmed that her client’s involvement in the conspiracy was short-lived, compared to the length of the conspiracy as a whole. The Crown had not challenged the basis, and had not sought to reserve their position as to confiscation. In negotiation with the Crown, therefore, Megan was able to successfully reduce the benefit amount to £152,206.09.
View Megan’s profile here.