R v Muselin Omatayo Kasumu

R v Muselin Omatayo Kasumu

The restraining order was lawfully imposed as the statutory threshold was met, the terms were proportionate, and there was sufficient uncontested evidence. No arguable error of law or justification for appeal out of time was shown.

Parties
Prosecution: Rex; Applicant: Muselin Omatayo Kasumu
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Restraining Order
Outcome
application for leave to appeal refused
Legal Topics
Restraining Orders, Non Molestation Orders, Breach of Order, Appeal Out of Time
Criminal Law Family Law Restraining Orders Non Molestation Orders Breach of Order Appeal Out of Time

Case Brief

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Parties

Rex

Prosecution

Muselin Omatayo Kasumu

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Restraining Order

Legal Issues

  1. 1 Whether the restraining order imposed was lawful and proportionate
  2. 2 Whether there was sufficient evidence to justify the restraining order
  3. 3 Whether the appeal should be allowed out of time

Ratio Decidendi

The restraining order was lawfully imposed as the statutory threshold was met, the terms were proportionate, and there was sufficient uncontested evidence. No arguable error of law or justification for appeal out of time was shown.

Court Disposition

application for leave to appeal refused

Orders

  • leave to appeal refused
  • extension of time refused