Cole, R v

Cole, R v

There was no arguable basis to go behind the applicant's guilty pleas, as they were entered voluntarily with full knowledge and legal advice, and any disclosure issues would not have changed the applicant's ability to present his defence. There was also no adequate explanation for the delay in seeking to appeal. The...

Source-derived case information.

Parties
Respondent: Regina; Applicant: Ian Nigel Duncan Cole
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Criminal Appeal / Renewed Applications for Extension of Time to Appeal Against Conviction and Confiscation Order
Outcome
Applications refused
Legal Topics
Money Laundering, Fraud, Confiscation Proceedings, Extension of Time, Appeal Against Conviction
Criminal Law Money Laundering Fraud Confiscation Proceedings Extension of Time Appeal Against Conviction

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Parties

Regina

Respondent

Ian Nigel Duncan Cole

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Extension of Time to Appeal Against Conviction and Confiscation Order

Legal Issues

  1. 1 Whether the applicant's guilty pleas were voluntary admissions of guilt
  2. 2 Whether inadequate disclosure justified an extension of time to appeal against conviction
  3. 3 Whether there was an arguable ground to appeal the confiscation order agreed by the applicant

Ratio Decidendi

There was no arguable basis to go behind the applicant's guilty pleas, as they were entered voluntarily with full knowledge and legal advice, and any disclosure issues would not have changed the applicant's ability to present his defence. There was also no adequate explanation for the delay in seeking to appeal. The confiscation order was agreed to by the applicant and there was no basis to challenge it.

Court Disposition

Applications refused

Orders

  • Application for extension of time to appeal against conviction refused
  • Application for extension of time to appeal against confiscation order refused