Melius, R v

Melius, R v

The application for leave to appeal out of time is refused because the applicant consented to the confiscation order, there were valid postponements, and no procedural defect or unfairness justifies setting aside the order. The grounds are totally without merit.

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 Leave to Appeal Out of Time Against Confiscation Order
Outcome
applications for extension of time and leave to appeal refused
Legal Topics
Confiscation Order, Extension of Time, Consent in Confiscation Proceedings, Procedural Defects, Loss of Time Order
Criminal Law Proceeds of Crime Confiscation Order Extension of Time Consent in Confiscation Proceedings Procedural Defects Loss of Time Order

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Parties

Regina

Prosecution

Ronnie Melius

Applicant

Elaine Byfield

Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal out of time against a confiscation order made by consent should be granted
  2. 2 Whether procedural defects alleged by the applicant warrant setting aside the confiscation order
  3. 3 Relevance of consent to appeal against confiscation order

Ratio Decidendi

The application for leave to appeal out of time is refused because the applicant consented to the confiscation order, there were valid postponements, and no procedural defect or unfairness justifies setting aside the order. The grounds are totally without merit.

Court Disposition

applications for extension of time and leave to appeal refused

Orders

  • 30 days loss of time order imposed, to run consecutively to previous 60 days, making total loss of time 90 days