Ayankoya, R v

Ayankoya, R v

The appellant was misled as to the judge's ruling on adjournment, constituting exceptional circumstances. The confiscation order should be quashed and replaced with a new figure reflecting accurate asset calculations.

Source-derived case information.

Parties
Respondent: Regina; Appellant: Stephen Sunday Ayankoya
Jurisdiction
England and Wales
Judgment Date
24 May 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Appeal, Misleading Advice, Exceptional Circumstances
Criminal Law Confiscation Order Appeal Misleading Advice Exceptional Circumstances

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Stephen Sunday Ayankoya

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was misled regarding the possibility of adjournment during confiscation proceedings
  2. 2 Whether exceptional circumstances exist to set aside an agreed confiscation order

Ratio Decidendi

The appellant was misled as to the judge's ruling on adjournment, constituting exceptional circumstances. The confiscation order should be quashed and replaced with a new figure reflecting accurate asset calculations.

Court Disposition

appeal allowed in part

Orders

  • The confiscation order in the sum of £88,000 is quashed.
  • A new confiscation order in the sum of £82,297.53 is substituted.