Kenny v R. [2013] EWCA Crim 1 (30 January 2013)

Kenny v R. [2013] EWCA Crim 1 (30 January 2013)

A breach of a restraint order under POCA, even without further illegality, is capable of constituting the offence of perverting the course of justice; contempt is not the exclusive sanction.

Source-derived case information.

Citation
[2013] EWCA Crim 1
Parties
Appellant: Mark Kenny; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
30 January 2013
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Perverting the Course of Justice, Breach of Restraint Order, Proceeds of Crime Act 2002, Contempt of Court
Criminal Law Perverting the Course of Justice Breach of Restraint Order Proceeds of Crime Act 2002 Contempt of Court

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Parties

Mark Kenny

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 1 Whether breach of a restraint order under POCA, without further illegality, constitutes perverting the course of justice

Ratio Decidendi

A breach of a restraint order under POCA, even without further illegality, is capable of constituting the offence of perverting the course of justice; contempt is not the exclusive sanction.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence for conspiracy to pervert the course of justice upheld
  • Disqualification under Company Directors Disqualification Act 1986 for 2 years affirmed