R v Miroslav Pesko

R v Miroslav Pesko

The applicant failed to provide a reasonable explanation for not adducing the evidence at the original hearing, and the judge's findings were justified on the evidence presented. The period of imprisonment in default was appropriate and within statutory limits. The inability to access funds in Russia is not a ground for appeal and should be addressed, if at all, by application to the Crown Court.

Parties
Prosecutor: Rex; Applicant: Miroslav Pesko
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order
Outcome
renewed application for leave to appeal refused
Legal Topics
Confiscation Order, Fresh Evidence, Criminal Lifestyle, Recoverable Amount, Imprisonment in Default
Criminal Law Proceeds of Crime Confiscation Order Fresh Evidence Criminal Lifestyle Recoverable Amount Imprisonment in Default

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Parties

Rex

Prosecutor

Miroslav Pesko

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether fresh evidence should be admitted to reduce the confiscation order
  2. 2 Whether the period of imprisonment in default was excessive
  3. 3 Whether the confiscation order should be reduced due to inability to access funds in Russia

Ratio Decidendi

The applicant failed to provide a reasonable explanation for not adducing the evidence at the original hearing, and the judge's findings were justified on the evidence presented. The period of imprisonment in default was appropriate and within statutory limits. The inability to access funds in Russia is not a ground for appeal and should be addressed, if at all, by application to the Crown Court.

Court Disposition

renewed application for leave to appeal refused