Teasdale, R. v [2024] EWCA Crim 1217 (03 October 2024)
The applicant's grounds are not reasonably arguable as the confiscation order was lawful, previously upheld, and enforcement by appointment of a receiver is necessary and proportionate. No procedural or human rights errors were found.
- Citation
- [2024] EWCA Crim 1217
- Parties
- Prosecution: Rex; Applicant/defendant: Malcolm Teasdale
- Jurisdiction
- England and Wales
- Judgment Date
- 03 October 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Order Appointing Enforcement Receiver
- Outcome
- renewed application for leave to appeal refused
- Legal Topics
- Confiscation Order, Enforcement Receiver, Appeal Procedure, Human Rights, Proceeds of Crime Act
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Malcolm Teasdale
Applicant/defendant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Order Appointing Enforcement Receiver
Legal Issues
- 1 Whether the appointment of an Enforcement Receiver was lawful and proportionate
- 2 Whether the applicant's human rights were breached by the order
- 3 Whether there was procedural error or misconduct by the prosecution
Ratio Decidendi
The applicant's grounds are not reasonably arguable as the confiscation order was lawful, previously upheld, and enforcement by appointment of a receiver is necessary and proportionate. No procedural or human rights errors were found.
Court Disposition
renewed application for leave to appeal refused
Full Case Text
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