Hockey, R. v

Hockey, R. v

The applicant provided no evidence regarding the legal machinery of the mortgage transactions, and the confiscation order was made by consent. There are no exceptional circumstances to justify setting aside the order or granting an extension of time.

Parties
Respondent: R; Applicant: Terrence John Hockey
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Criminal Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application dismissed
Legal Topics
Proceeds of Crime, Confiscation Orders, Extension of Time, Consent Orders
Criminal Law Proceeds of Crime Confiscation Orders Extension of Time Consent Orders

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Parties

R

Respondent

Terrence John Hockey

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the confiscation order should be set aside based on subsequent legal developments
  2. 2 Whether the applicant obtained the mortgage funds within the meaning of the Proceeds of Crime Act 2002
  3. 3 Whether an extension of time should be granted to appeal the confiscation order

Ratio Decidendi

The applicant provided no evidence regarding the legal machinery of the mortgage transactions, and the confiscation order was made by consent. There are no exceptional circumstances to justify setting aside the order or granting an extension of time.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission to appeal and extension of time is dismissed