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Breach of a restraint order can constitute the offence of perverting the course of justice

In R v Kenny [2013] EWCA Crim 1, the Defendant appealed against his conviction for perverting the course of justice. The offence related to the false categorisation of a loan as a gift in order to attempt to circumvent a restraint order obtained by the Crown under the Proceeds of Crime Act 2002. The restraint order prohibited the defendant from dealing with or disposing of his assets. The Defendant argued that breach of a restraint order could only be dealt with by proceedings for contempt of court. The Court of Appeal disagreed indicating that, depending on the particular circumstances of the case, the offence of perverting the course of justice could be made out.   Accordingly, the appeal was dismissed.

A full copy of the judgment can be found here:-


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