Greet, R v

Greet, R v

Leave to appeal against conviction was refused due to substantial delay, lack of reasonable explanation, and insufficiency of new evidence to eliminate the unexplained deficiency or undermine the conviction. The confiscation order was quashed and substituted with a reduced sum reflecting only the proportion of the property representing Mr Greet's tainted gift, calculated as 11% of the value of Chantry Road, based on the actual infusion of tainted funds.

Parties
Respondent: R; Appellant/defendant: Michael Hugh Greet
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal and Applications for Leave, Bail, and Fresh Evidence
Outcome
Leave to appeal against conviction refused; appeal against confiscation order allowed in part.
Legal Topics
Theft, False Instrument, Bankruptcy Offences, Confiscation Orders, Gifts Under Criminal Justice Act 1988, Delay in Appeal, Fresh Evidence
Criminal Law Confiscation Proceedings Theft False Instrument Bankruptcy Offences Confiscation Orders Gifts Under Criminal Justice Act 1988 Delay in Appeal +1 more

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Parties

R

Respondent

Michael Hugh Greet

Appellant/defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Applications for Leave, Bail, and Fresh Evidence

Legal Issues

  1. 1 Whether leave to appeal against conviction should be granted based on new evidence
  2. 2 Whether the confiscation order under section 71 Criminal Justice Act 1988 was correctly made
  3. 3 Whether the transfer of property constituted a gift under section 74 Criminal Justice Act 1988

Ratio Decidendi

Leave to appeal against conviction was refused due to substantial delay, lack of reasonable explanation, and insufficiency of new evidence to eliminate the unexplained deficiency or undermine the conviction. The confiscation order was quashed and substituted with a reduced sum reflecting only the proportion of the property representing Mr Greet's tainted gift, calculated as 11% of the value of Chantry Road, based on the actual infusion of tainted funds.

Court Disposition

Leave to appeal against conviction refused; appeal against confiscation order allowed in part.

Orders

  • Application to extend time and for leave to appeal against conviction refused.
  • Confiscation order for £160,000 quashed.