Kasumu, R. v [2023] EWCA Crim 600 (12 May 2023)

The restraining order was lawfully and proportionately imposed based on uncontested evidence and statutory criteria; the application for leave to appeal was out of time and lacked arguable merit.

Citation: [2023] EWCA Crim 600
Parties: Prosecution: Rex; Applicant/defendant: Muselin Omatayo Kasumu
Jurisdiction: England and Wales
Judgment Date: 12 May 2023
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Restraining Order
Outcome: leave to appeal refused
Legal Topics: Restraining Orders, Non Molestation Orders, Breach of Order, Appeal Procedure, Protection From Harassment

Criminal Law Family Law Restraining Orders Non Molestation Orders Breach of Order Appeal Procedure Protection From Harassment

Case Brief

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Parties

Rex

Prosecution

Muselin Omatayo Kasumu

Applicant/defendant

Procedural Posture

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

Legal Issues

1 Whether the restraining order imposed by the Crown Court was lawful and proportionate
2 Whether there was sufficient evidence to justify the restraining order
3 Whether the applicant's appeal was out of time and if extension should be granted

Ratio Decidendi

The restraining order was lawfully and proportionately imposed based on uncontested evidence and statutory criteria; the application for leave to appeal was out of time and lacked arguable merit.

Court Disposition

leave to appeal refused

Orders

application for extension of time refused
application for leave to appeal refused