Kenny v R.
A breach of a restraint order under the Proceeds of Crime Act 2002, even without further illegality, is capable of constituting the offence of perverting the course of justice. There is no legal requirement that the acts must constitute an independent criminal offence beyond the breach itself. The prosecution was entitled to charge perverting the course of justice in this case.
- Parties
- Appellant: Mark Kenny; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 30 January 2013
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Perverting the Course of Justice, Breach of Restraint Order, Proceeds of Crime Act 2002, Contempt of Court
Case Brief
Summary, issues, holding and outcome
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Parties
Mark Kenny
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether a breach of a restraint order under the Proceeds of Crime Act 2002, without further illegality, can constitute the offence of perverting the course of justice
Ratio Decidendi
A breach of a restraint order under the Proceeds of Crime Act 2002, even without further illegality, is capable of constituting the offence of perverting the course of justice. There is no legal requirement that the acts must constitute an independent criminal offence beyond the breach itself. The prosecution was entitled to charge perverting the course of justice in this case.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence for conspiracy to pervert the course of justice upheld
- No interference with the trial judge's ruling
Full Case Text
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