Soneji, R v [2003] EWCA Crim 1765 (20 June 2003)

Soneji, R v [2003] EWCA Crim 1765 (20 June 2003)

Failure to address and find exceptional circumstances for postponement beyond six months from conviction is fatal to the validity of confiscation orders; mere listing difficulties do not suffice.

Source-derived case information.

Citation
[2003] EWCA Crim 1765
Parties
Respondent: R; Appellant: Kamlesh Kumar Soneji; Appellant: David Bullen; Co Defendant: Louis Everson
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Postponement of Proceedings, Exceptional Circumstances, Procedural Requirements
Criminal Law Confiscation Orders Postponement of Proceedings Exceptional Circumstances Procedural Requirements

Source-derived case record

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Parties

R

Respondent

Kamlesh Kumar Soneji

Appellant

David Bullen

Appellant

Louis Everson

Co Defendant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether confiscation orders made more than six months after conviction are lawful without a finding of exceptional circumstances
  2. 2 Whether common law powers allow postponement beyond statutory limits
  3. 3 Whether procedural defects invalidate confiscation orders

Ratio Decidendi

Failure to address and find exceptional circumstances for postponement beyond six months from conviction is fatal to the validity of confiscation orders; mere listing difficulties do not suffice.

Court Disposition

appeal allowed

Orders

  • confiscation orders quashed