Gavin, R. v

Gavin, R. v

Where the State causes involuntary absence of a defendant, it is a breach of Article 6 ECHR and an abuse of process to proceed with confiscation proceedings; in cases of voluntary absence, the court may exercise discretion to proceed if a fair hearing can be achieved.

Parties
Prosecution: Regina; Appellant: Raymond Gavin; Appellant: Stephen Apachnura Tasie
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed for Tasie, confiscation order quashed; appeal dismissed for Gavin, confiscation order upheld.
Legal Topics
Confiscation Proceedings, Right to Fair Trial, Absence of Defendant, Abuse of Process, Article 6 ECHR
Criminal Law Human Rights Law Confiscation Proceedings Right to Fair Trial Absence of Defendant Abuse of Process Article 6 ECHR

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Parties

Regina

Prosecution

Raymond Gavin

Appellant

Stephen Apachnura Tasie

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a confiscation order can be made in the absence of the defendant when absence is involuntary and caused by the State
  2. 2 Whether the court has jurisdiction to proceed under the Proceeds of Crime Act 2002 in such circumstances
  3. 3 Whether continuing proceedings in the defendant's absence constitutes an abuse of process or breach of Article 6 ECHR

Ratio Decidendi

Where the State causes involuntary absence of a defendant, it is a breach of Article 6 ECHR and an abuse of process to proceed with confiscation proceedings; in cases of voluntary absence, the court may exercise discretion to proceed if a fair hearing can be achieved.

Court Disposition

Appeal allowed for Tasie, confiscation order quashed; appeal dismissed for Gavin, confiscation order upheld.

Orders

  • Confiscation order against Tasie quashed.
  • Confiscation order against Gavin stands.