N'Guessan, Re Drug Trafficking Offences Act 1986

N'Guessan, Re Drug Trafficking Offences Act 1986

The application was an abuse of process because it sought to re-litigate issues already determined by the Crown Court regarding the applicant's realisable assets, without adducing new evidence of events occurring after the confiscation order. The receiver's report did not constitute fresh evidence of inadequacy but merely confirmed the assets had not been recovered. The Deputy Judge's decision to strike out the application was correct.

Parties
Applicant: Andre N'Guessan; Respondent: Crown/Prosecution
Jurisdiction
England and Wales
Judgment Date
05 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)
Outcome
Application dismissed
Legal Topics
Drug Trafficking, Confiscation Orders, Abuse of Process, Certificate of Inadequacy
Criminal Law Civil Procedure Drug Trafficking Confiscation Orders Abuse of Process Certificate of Inadequacy

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Parties

Andre N'Guessan

Applicant

Crown/Prosecution

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)

Legal Issues

  1. 1 Whether the application for a certificate of inadequacy under section 14 of the Drug Trafficking Offences Act 1986 was an abuse of process
  2. 2 Whether the High Court's jurisdiction under section 14 allows re-litigation of issues determined by the Crown Court
  3. 3 Whether the receiver's report constituted fresh evidence justifying a certificate of inadequacy

Ratio Decidendi

The application was an abuse of process because it sought to re-litigate issues already determined by the Crown Court regarding the applicant's realisable assets, without adducing new evidence of events occurring after the confiscation order. The receiver's report did not constitute fresh evidence of inadequacy but merely confirmed the assets had not been recovered. The Deputy Judge's decision to strike out the application was correct.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused
  • Application for certificate of inadequacy struck out as abuse of process