Soneji, R v

Soneji, R v

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 and lack of judicial enquiry do not suffice.

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 / Judgment on Appeal Against Confiscation Orders
Outcome
appeal allowed
Legal Topics
Confiscation Orders, Procedural Requirements, Postponement, Exceptional Circumstances
Criminal Law Confiscation Orders Procedural Requirements Postponement Exceptional Circumstances

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Parties

R

Respondent

Kamlesh Kumar Soneji

Appellant

David Bullen

Appellant

Louis Everson

Co Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Confiscation Orders

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 and lack of judicial enquiry do not suffice.

Court Disposition

appeal allowed

Orders

  • confiscation orders against Kamlesh Kumar Soneji and David Bullen quashed