AA & SA, R v

AA & SA, R v

The court found that AA and SA had knowledge of the Restraint Orders and were responsible for the movement of funds in breach of those orders. The delay in bringing contempt proceedings did not constitute abuse of process, and there was no real risk of prejudice justifying adjournment. The sentences of 18 months imprisonment were appropriate given the seriousness and scale of the breaches.

Parties
Respondent: R; Appellant: AA; Appellant: SA
Jurisdiction
England and Wales
Judgment Date
29 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence for Contempt of Court
Outcome
Appeals against conviction and sentence dismissed.
Legal Topics
Restraint Orders, VAT Fraud, Abuse of Process, Adjournment of Proceedings, Sentencing for Contempt
Criminal Law Contempt of Court Asset Recovery Restraint Orders VAT Fraud Abuse of Process Adjournment of Proceedings Sentencing for Contempt

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Parties

R

Respondent

AA

Appellant

SA

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence for Contempt of Court

Legal Issues

  1. 1 Whether contempt proceedings should be stayed or adjourned pending criminal trial
  2. 2 Whether delay in bringing contempt proceedings constituted abuse of process
  3. 3 Whether AA and SA had knowledge of and breached the Restraint Orders

Ratio Decidendi

The court found that AA and SA had knowledge of the Restraint Orders and were responsible for the movement of funds in breach of those orders. The delay in bringing contempt proceedings did not constitute abuse of process, and there was no real risk of prejudice justifying adjournment. The sentences of 18 months imprisonment were appropriate given the seriousness and scale of the breaches.

Court Disposition

Appeals against conviction and sentence dismissed.

Orders

  • AA and SA remain convicted of contempt of court.
  • Sentences of 18 months imprisonment upheld.