McCready, R v
The judge reached a decision to postpone the confiscation hearing before passing sentence and made it manifest by specifying a timetable; the period of postponement was effectively specified, and the statutory requirements were met.
- Parties
- Respondent: Regina; Appellant: Michael McCready
- Jurisdiction
- England and Wales
- Judgment Date
- 14 February 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Confiscation Order
- Outcome
- Appeal dismissed
- Legal Topics
- Drug Trafficking, Confiscation Orders, Postponement of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Michael McCready
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Legal Issues
- 1 Whether the judge failed to postpone the confiscation hearing before passing sentence, rendering subsequent proceedings a nullity
- 2 Whether the judge failed to specify the period of postponement as required by statute
Ratio Decidendi
The judge reached a decision to postpone the confiscation hearing before passing sentence and made it manifest by specifying a timetable; the period of postponement was effectively specified, and the statutory requirements were met.
Court Disposition
Appeal dismissed
Orders
- Confiscation order upheld
Full Case Text
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