Pigott v R

Pigott v R

The judge's conduct did not amount to bias or appearance of bias; her findings on realisable and hidden assets were supported by evidence and not legally erroneous; the time allowed for payment, though arguably short, was academic as the appellant had not paid; the default sentence should have been less than the statutory maximum and is reduced from 10 to 8 years' imprisonment.

Parties
Appellant: Stephen Michael Pigott; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order and Related Orders
Outcome
Appeal dismissed except as to the length of the default sentence, which is reduced.
Legal Topics
Confiscation Order, Judicial Bias, Default Sentence, Hidden Assets, Time to Pay, Ownership of Property
Criminal Law Proceeds of Crime Confiscation Order Judicial Bias Default Sentence Hidden Assets Time to Pay Ownership of Property

Case Brief

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Parties

Stephen Michael Pigott

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order and Related Orders

Legal Issues

  1. 1 Whether the trial judge should have recused herself for bias or appearance of bias
  2. 2 Whether the findings on realisable assets, including hidden assets, were correct
  3. 3 Whether the time allowed for payment of the confiscation order was sufficient

Ratio Decidendi

The judge's conduct did not amount to bias or appearance of bias; her findings on realisable and hidden assets were supported by evidence and not legally erroneous; the time allowed for payment, though arguably short, was academic as the appellant had not paid; the default sentence should have been less than the statutory maximum and is reduced from 10 to 8 years' imprisonment.

Court Disposition

Appeal dismissed except as to the length of the default sentence, which is reduced.

Orders

  • Confiscation order of £1,498,887.60 upheld
  • Default sentence reduced from 10 years to 8 years' imprisonment