Kenny v Regina: CACD 30 Jan 2013

The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say it was a gift. He did. He now appealed against his conviction for interference with the course of justice, saying that he should in fact only have been guilty of contempt of court.
Held: The appeal failed. The prosecution were entitled, as a matter of law, to charge perverting the course of justice in this case, and ‘Nor so far as factual or discretionary considerations are at all relevant, do we think that it was inappropriate for perverting the course of justice to be charged here. Although this judgment has been focused on the somewhat narrow point under appeal, the context should not be overlooked; as already observed, the Appellant’s actions formed part of a carefully orchestrated and planned series of measures, designed to frustrate the intended effect of the restraint order – viz., to preserve Scragg’s assets to satisfy a confiscation order (if made). This was determined and sophisticated criminal conduct. There is a very strong public policy interest in ensuring that restraint orders are obeyed and confiscation orders enforced. Condign punishment for contempt would undoubtedly have been available; the Appellant, however, can have no legitimate complaint that the Crown did not leave matters there and instead pursued the charge of perverting the course of justice – unless prevented by law from doing so, which we have concluded it is not. ‘

Gross LJ, Burnett J, Recorder of Bristol
[2013] EWCA Crim 1, [2013] Crim LR 606, [2013] CP Rep 23, [2013] 3 All ER 85, [2013] QB 896, [2013] WLR(D) 37, [2013] 1 Cr App R 23, [2013] Lloyd’s Rep FC 213, [2013] 3 WLR 59
Bailii, WLRD
Proceeds of Crime Act 2002, Criminal Procedure Rules 2011
England and Wales
DistinguishedRegina v Ludlam et al 11-Oct-2011
HHJ Head said: that ‘merely acting in ways which would otherwise be lawful but which constitute a breach of an Restraint Order cannot amount to the necessary ingredients of Perverting’. . .
CitedOB v The Director of The Serious Fraud Office CACD 1-Feb-2012
The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He . .
CitedRegina v Vreones 1891
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice.
Held: Perverting the course of justice is a common law offence covering a wide variety . .
CitedRegina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
CitedRegina v Seddon CACD 10-Mar-2009
The court considered the concept of specialty with extradition proceedings. Hughes LJ VP said: ‘Extradition is a process involving agreement between Sovereign States. The requesting State has no power to send its policemen into the requested State . .
CitedRegina v Clipston CACD 4-Mar-2011
Confiscation proceeding are themselves broadly criminal in nature. The judge can decide issues on the balance of probabilities, compel the defendant to disclose documents, draw adverse inferences from the absence of evidence, and rely on hearsay . .
CitedRegina v Sookoo CACD 20-Mar-2002
The defendant appealed against his sentence for attempting to pervert the course of justice and theft. He had received a sentence of six months for the theft and nine months consecutive for perverting the course of justice
Held: Allowing the . .
CitedRegina v Abbas Hussain CACD 2012
Renewed application for leave to appeal. . .

Cited by:
CitedThe Director of Public Prosecutions v SK Admn 10-Feb-2016
The prosecutor appealed against dismissal of a charge of conspiracy to pervert the course of justice. The defendant had completed somebody else’s community service sentence. The prosecutor said that such an act did affect something ‘in the course of . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 01 November 2021; Ref: scu.470668