Di Stephano, R. v [2016] EWCA Crim 1032 (19 April 2016)

Di Stephano, R. v [2016] EWCA Crim 1032 (19 April 2016)

The court's jurisdiction to make a confiscation order and impose a default sentence is derived from the Extradition Act 2003 and is not dependent on the European Arrest Warrant specifying confiscation or default imprisonment; the applicant's arguments on jurisdiction and available amount are without merit; however, the default sentence imposed was excessive and should be reduced to six years.

Citation
[2016] EWCA Crim 1032
Parties
Prosecution: Regina; Defendant: Di Stephano
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Application for Leave to Appeal Against Confiscation Order and Default Sentence
Outcome
Appeal allowed in part; default sentence reduced; all other grounds refused.
Legal Topics
Confiscation Order, European Arrest Warrant, Default Sentence, Jurisdiction, Specialty Principle
Criminal Law Extradition Law Proceeds of Crime Confiscation Order European Arrest Warrant Default Sentence Jurisdiction Specialty Principle

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Parties

Regina

Prosecution

Di Stephano

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Application for Leave to Appeal Against Confiscation Order and Default Sentence

Legal Issues

  1. 1 Whether the court had jurisdiction to make a confiscation order following extradition under a European Arrest Warrant that did not specify confiscation or default imprisonment as a consequence
  2. 2 Whether the judge's findings on available amount contradicted earlier sentencing remarks or evidence
  3. 3 Whether the default sentence imposed was excessive

Ratio Decidendi

The court's jurisdiction to make a confiscation order and impose a default sentence is derived from the Extradition Act 2003 and is not dependent on the European Arrest Warrant specifying confiscation or default imprisonment; the applicant's arguments on jurisdiction and available amount are without merit; however, the default sentence imposed was excessive and should be reduced to six years.

Court Disposition

Appeal allowed in part; default sentence reduced; all other grounds refused.

Orders

  • Default period of eight and a half years' imprisonment quashed and replaced with six years' imprisonment in default of payment of confiscation order.