Powell, R. v

Powell, R. v

The Court of Appeal may reopen a concluded appeal in exceptional circumstances to avoid real injustice, and the error in the confiscation order must be corrected to prevent the applicant from paying money not owed, accruing interest, or facing imprisonment in default.

Parties
Applicant: David Powell; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 September 2016
Procedural Posture
Criminal Appeal / Application to Reopen Concluded Appeal
Outcome
appeal allowed; confiscation order corrected; period in default reduced; application for further time to pay refused
Legal Topics
Confiscation Order, Appeal Reopening, Certificate of Inadequacy
Criminal Law Confiscation Order Appeal Reopening Certificate of Inadequacy

Case Brief

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Parties

David Powell

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application to Reopen Concluded Appeal

Legal Issues

  1. 1 Whether the Court of Appeal can reopen a concluded appeal to correct an error in a confiscation order
  2. 2 Whether the sum of £22,878.63 was wrongly included in the realisable assets and should be deducted
  3. 3 Whether the applicant is entitled to a reduction in the period of imprisonment in default

Ratio Decidendi

The Court of Appeal may reopen a concluded appeal in exceptional circumstances to avoid real injustice, and the error in the confiscation order must be corrected to prevent the applicant from paying money not owed, accruing interest, or facing imprisonment in default.

Court Disposition

appeal allowed; confiscation order corrected; period in default reduced; application for further time to pay refused

Orders

  • Confiscation order reduced to £231,367.13
  • Period of imprisonment in default reduced to 26 months