Bahbahani, R v

Bahbahani, R v

The Court of Appeal has no jurisdiction to order a venire de novo for summary trials in Magistrates’ Court; the Crown Court was correct to proceed as the committal was valid on its face; the applicant was the cause of his own difficulties and there was no abuse of process; the confiscation order was properly made and not disproportionate.

Parties
Respondent: Regina; Appellant: Ali Bahbahani
Jurisdiction
England and Wales
Judgment Date
05 February 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal dismissed save for technical correction to default sentence.
Legal Topics
Abuse of Process, Confiscation Order, Venire De Novo, Nullity of Proceedings, Criminal Lifestyle Assumptions
Criminal Law Planning Law Proceeds of Crime Abuse of Process Confiscation Order Venire De Novo Nullity of Proceedings Criminal Lifestyle Assumptions

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Parties

Regina

Respondent

Ali Bahbahani

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the Magistrates’ Court proceedings were a nullity due to impersonation
  2. 2 Whether the Court of Appeal has jurisdiction to order a venire de novo for summary trial
  3. 3 Whether the Crown Court proceedings were an abuse of process

Ratio Decidendi

The Court of Appeal has no jurisdiction to order a venire de novo for summary trials in Magistrates’ Court; the Crown Court was correct to proceed as the committal was valid on its face; the applicant was the cause of his own difficulties and there was no abuse of process; the confiscation order was properly made and not disproportionate.

Court Disposition

Appeal dismissed save for technical correction to default sentence.

Orders

  • Leave granted to correct default sentence: eight years’ imprisonment in default applies only to confiscation sum; default sentence for fines quashed and replaced with 40 days’ imprisonment.
  • All other grounds of appeal dismissed.