O'Donoghue, Re

O'Donoghue, Re

The applicant failed to discharge the burden of proof required under section 83(1) of the Criminal Justice Act 1988 by not accounting for the fate of the £35,500 realisable asset. The court found no violation of Article 6 of the European Convention on Human Rights and held that the judge was correct to refuse the certificate of inadequacy.

Parties
Applicant/defendant: Keith James O'Donoghue; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
04 November 2004
Procedural Posture
Appeal / Judgment on Appeal From Refusal of Certificate of Inadequacy
Outcome
Appeal dismissed
Legal Topics
Certificate of Inadequacy, Realisable Property, Burden of Proof, Confiscation Order, Hidden Assets
Criminal Law Confiscation Proceedings Certificate of Inadequacy Realisable Property Burden of Proof Confiscation Order Hidden Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Keith James O'Donoghue

Applicant/defendant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Refusal of Certificate of Inadequacy

Legal Issues

  1. 1 Whether the applicant is entitled to a certificate of inadequacy under section 83(1) of the Criminal Justice Act 1988
  2. 2 Whether the burden of proof was discharged by the applicant regarding the fate of realisable assets, particularly £35,500
  3. 3 Whether the approach taken violates Article 6 of the European Convention on Human Rights

Ratio Decidendi

The applicant failed to discharge the burden of proof required under section 83(1) of the Criminal Justice Act 1988 by not accounting for the fate of the £35,500 realisable asset. The court found no violation of Article 6 of the European Convention on Human Rights and held that the judge was correct to refuse the certificate of inadequacy.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No certificate of inadequacy granted