Higgins, R v [2017] NICA 12 (27 February 2017)

Higgins, R v [2017] NICA 12 (27 February 2017)

There was no mistake of law or injustice in the making of the confiscation order; the applicant unambiguously accepted the facts supporting the order, and the advice given was accurate in context. The application for extension of time to appeal is refused.

Citation
[2017] NICA 12
Parties
Prosecution: The Queen; Applicant: Malachy Augustine Higgins
Jurisdiction
Northern Ireland
Judgment Date
27 February 2017
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Confiscation Order
Outcome
application for extension of time refused
Legal Topics
Confiscation Order, Extension of Time, Benefit From Criminal Conduct, Waste Management Offences, Retrospectivity of Proceeds of Crime Act
Criminal Law Environmental Law Proceeds of Crime Confiscation Order Extension of Time Benefit From Criminal Conduct Waste Management Offences Retrospectivity of Proceeds of Crime Act

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Parties

The Queen

Prosecution

Malachy Augustine Higgins

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Confiscation Order

Legal Issues

  1. 1 Whether the applicant is entitled to an extension of time to appeal the confiscation order
  2. 2 Whether the confiscation order was based on a mistake of law or fact
  3. 3 Whether the benefit figure was properly calculated and consented to

Ratio Decidendi

There was no mistake of law or injustice in the making of the confiscation order; the applicant unambiguously accepted the facts supporting the order, and the advice given was accurate in context. The application for extension of time to appeal is refused.

Court Disposition

application for extension of time refused