Pesko, R. v [2023] EWCA Crim 1568 (12 December 2023)

Pesko, R. v [2023] EWCA Crim 1568 (12 December 2023)

The applicant failed to provide a reasonable explanation for not adducing the evidence at the original hearing; the judge's findings were not wrong on the evidence presented; the period of imprisonment in default was within statutory limits and proportionate; inability to access funds in Russia is not a ground for appeal and any remedy lies elsewhere.

Citation
[2023] EWCA Crim 1568
Parties
Prosecution: Rex; Applicant/defendant: Miroslav Pesko
Jurisdiction
England and Wales
Judgment Date
12 December 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order
Outcome
renewed application for leave to appeal refused
Legal Topics
Confiscation Order, Fresh Evidence, Default Imprisonment, Sanctions, Criminal Lifestyle, Recoverable Amount
Criminal Law Proceeds of Crime Confiscation Order Fresh Evidence Default Imprisonment Sanctions Criminal Lifestyle Recoverable Amount

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Parties

Rex

Prosecution

Miroslav Pesko

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal regarding the available amount for confiscation
  2. 2 Whether the period of imprisonment in default was excessive or failed to consider health circumstances
  3. 3 Whether the confiscation order should be reduced due to inability to access funds in Russia

Ratio Decidendi

The applicant failed to provide a reasonable explanation for not adducing the evidence at the original hearing; the judge's findings were not wrong on the evidence presented; the period of imprisonment in default was within statutory limits and proportionate; inability to access funds in Russia is not a ground for appeal and any remedy lies elsewhere.

Court Disposition

renewed application for leave to appeal refused