AA & SA, R v [2010] EWCA Crim 2805 (29 November 2010)

AA & SA, R v [2010] EWCA Crim 2805 (29 November 2010)

The Court found that the judge correctly applied the principles regarding adjournment and abuse of process, that both AA and SA had knowledge of and breached the Restraint Orders by orchestrating the asset transfers, and that the sentences of 18 months were justified given the scale and deliberate nature of the contempt.

Citation
[2010] EWCA Crim 2805
Parties
Respondent: R; Appellant: AA; Appellant: SA
Jurisdiction
England and Wales
Judgment Date
29 November 2010
Procedural Posture
Criminal Appeal (contempt of Court) / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed
Legal Topics
Breach of Restraint Order, Committal for Contempt, Adjournment of Proceedings, Abuse of Process, Sentencing for Contempt
Criminal Law Contempt of Court Proceeds of Crime Breach of Restraint Order Committal for Contempt Adjournment of Proceedings Abuse of Process Sentencing for Contempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R

Respondent

AA

Appellant

SA

Appellant

Procedural Posture

Criminal Appeal (contempt of Court) / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the contempt proceedings should have been stayed or adjourned pending criminal trial
  2. 2 Whether there was abuse of process due to delay or prejudice
  3. 3 Whether AA and SA had knowledge of and breached the Restraint Orders

Ratio Decidendi

The Court found that the judge correctly applied the principles regarding adjournment and abuse of process, that both AA and SA had knowledge of and breached the Restraint Orders by orchestrating the asset transfers, and that the sentences of 18 months were justified given the scale and deliberate nature of the contempt.

Court Disposition

Appeals against conviction and sentence dismissed