Melius, R v [2018] EWCA Crim 1500 (09 May 2018)

Melius, R v [2018] EWCA Crim 1500 (09 May 2018)

The application is totally without merit because there were valid postponements, the applicant and interested party consented to the order, and no mistake of law or fundamental unfairness was established; procedural defects alleged do not justify setting aside the order.

Citation
[2018] EWCA Crim 1500
Parties
Prosecution: Regina; Applicant: Ronnie Melius; Interested Party: Elaine Byfield
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Confiscation Order
Outcome
applications refused
Legal Topics
Confiscation Order, Extension of Time, Appeal Procedure, Consent in Confiscation Proceedings
Criminal Law Proceeds of Crime Confiscation Order Extension of Time Appeal Procedure Consent in Confiscation Proceedings

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Parties

Regina

Prosecution

Ronnie Melius

Applicant

Elaine Byfield

Interested Party

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Confiscation Order

Legal Issues

  1. 1 Whether the confiscation order was made out of time and thus invalid
  2. 2 Whether consent to the confiscation order precludes appeal
  3. 3 Whether alleged procedural defects or ineffective legal representation justify setting aside the order

Ratio Decidendi

The application is totally without merit because there were valid postponements, the applicant and interested party consented to the order, and no mistake of law or fundamental unfairness was established; procedural defects alleged do not justify setting aside the order.

Court Disposition

applications refused

Orders

  • Refusal of both applications for extension of time and leave to appeal
  • Loss of time order: 30 days not to count against sentence, consecutive to previous 60 days, total 90 days