Di Stephano, R. v

Di Stephano, R. v

The court held that the confiscation proceedings and default sentence were valid as jurisdiction was established under UK law and specialty did not apply; omission in the European Arrest Warrant did not affect jurisdiction. The judge's findings on available amount were justified by evidence and applicant's failure to explain the funds. The default sentence was excessive and reduced to six years.

Parties
Prosecution: Regina; Defendant: Di Stephano
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Confiscation Order and Default Sentence
Outcome
Leave to appeal refused on jurisdiction and available amount; allowed on default sentence.
Legal Topics
Confiscation Order, European Arrest Warrant, Specialty Principle, Default Sentence
Criminal Law Extradition Law Proceeds of Crime Confiscation Order European Arrest Warrant Specialty Principle Default Sentence

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Parties

Regina

Prosecution

Di Stephano

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Jurisdiction to make confiscation order following extradition
  2. 2 Consistency of judge's findings on available amount
  3. 3 Excessiveness of default sentence

Ratio Decidendi

The court held that the confiscation proceedings and default sentence were valid as jurisdiction was established under UK law and specialty did not apply; omission in the European Arrest Warrant did not affect jurisdiction. The judge's findings on available amount were justified by evidence and applicant's failure to explain the funds. The default sentence was excessive and reduced to six years.

Court Disposition

Leave to appeal refused on jurisdiction and available amount; allowed on default sentence.

Orders

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