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
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 8
Parties
Mark Kenny
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 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
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