The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
Appeal from conviction for possessing imitation firearm when arrested for theft of a sandwich from a supermarket. Held: ‘the words in section 17 appear to be clear and unambiguous. Subsection (1) is directed to the use of a firearm at the time of arrest. Subsection (2), as the judge said, is directed to the carrying … Continue reading Jones, Regina v: CACD 17 Feb 2000
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous. Held: The publishers were protected by Reynolds privilege. The court should give the article the natural and ordinary meaning which would be attributed by an intelligent reader seeing it once. He … Continue reading Bonnick v Morris, The Gleaner Company Ltd and Allen: PC 17 Jun 2002
Citations: [2017] EWCA Crim 317 Links: Bailii Statutes: Theft Act 1968 8(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 04 June 2022; Ref: scu.584243
Appeal by way of case stated from the decision of the Birmingham Magistrates’ determining that the building in question was a ‘dwelling’ for the purposes of s.9(3)(a) of the 1968 Act. Judges: Gross LJ, Ouseley J Citations: [2017] EWHC 841 (Admin), [2017] WLR(D) 309 Links: Bailii, WLRD Statutes: Theft Act 1968 9(3)(a) Jurisdiction: England and … Continue reading Hudson v Crown Prosecution Service: Admn 28 Apr 2017
Directors are required to disclose their interests in contracts with the company: ”It is not contended that [the] section in itself affects the contract. The section merely creates a statutory duty of disclosure and imposes a fine for non-compliance. But it has to be read in conjunction with article [85]. The first sentence of that … Continue reading Hely-Hutchinson v Brayhead Ltd: 1968
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
Mens Rea essential to crime In order to constitute an act of bankruptcy by a trader in departing from his dwelling-house, it is not alone sufficient that a creditor should be thereby delayed, but the departure must also have been with that intent. The word ‘or’ in the statute of the 1 Jac. 1, e. … Continue reading Fowler v Padget: 8 Feb 1798
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
On a charge of false accounting, the dishonest document was a claim form under an insurance policy. The judge told the jury, as is the case, that such a form would on occasion be looked at by the auditors of the insurance company. There was, however, no evidence to that effect. Held: Merely by looking … Continue reading Regina v Sundhers: CACD 23 Jan 1998
The defendants appealed against their convictions for falsifying a document used for an accounting purpose, namely a mortgage application form. They denied it was a document used for that purpose. The form was false in denying an existing mortgage in favour of a different lender. Officers of the lender gave evidence that the document never … Continue reading Regina v Sampson and Sampson: CACD 3 Apr 1998
Section 17 is not to be reduced in the requirements of the offence. Knowledge of the purpose of a document is not an element required to be proved. Citations: [1981] 1 WLR 34, (1981) 72 Cr App R 60 Statutes: Theft Act 1968 17 Jurisdiction: England and Wales Cited by: Cited – Regina v Graham, … Continue reading Attorney General’s Reference (No 1 of 1980): CACD 1981
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically. Held: The judge was correct. Counsel was wrong to concentrate on the mens … Continue reading Atkinson v Regina: CACD 7 Nov 2003
The defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The … Continue reading Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002
The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the transaction. He argued that though the document was required for an accounting purpose, the false … Continue reading Regina v Mallett: CACD 1978
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no jurisdiction to try them because of parliamentary privilege. Held: The appeals were dismissed. Neither Article 9 … Continue reading Chaytor and Others, Regina v: SC 1 Dec 2010
Whether Ommission Significant on Benefits Claim The defendant appealed against his conviction for false accounting. He had been claiming council tax benefit and housing benefit, but had failed to notify the council of a change in his circumstances. Held: The appeal failed. The court considered that the phrase ‘omits a material particular’ in the section … Continue reading Regina v Lancaster: CACD 2 Mar 2010
The prosecutor appealed against a terminating ruling that the defendant had no case to answer on allegations of mortgage fraud. The prosecution had failed to bring evidence to establish how the forms complained of would have been used for an . .
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
In the course of a robbery the defendant had held his finger in his pocket to suggest that he was pointing a gun at the victim. He now appealed against a conviction for possession of an imitation firearm. Held: The defendant could not successfully argue that he could not be prosecuted for possessing a part … Continue reading Regina v Bentham: CACD 5 Dec 2003
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the standards in 2006. The direction did not contain the key direction suggested to be … Continue reading Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006
The deception required as an element of the offence of obtaining a pecuniary advantage by deception, could be constituted by acquiescence, where there could properly be said to be a continuing representation, under which the person deceived had acted. The defendant had obtained a grant for his mother’s house whilst she was alive to assist … Continue reading Rai, Regina v: CACD 29 Oct 1999
The defendant was accused of having obtained by deception a mortgage advance, the amount having been paid by electronic transfer. Held: The sum of money represented by a figure in a bank account was not fully property for the purposes of the section. The reduction of the sum standing in the lending institution’s account, and … Continue reading Regina v Williams (Jacqueline) and Crick: CACD 30 Jul 1993
In 2009 Baroness Uddin was interviewed by the Metropolitan Police with regards to whether she had committed an offence under the Theft Act 1968 or the Fraud Act 2006 in claiming Parliamentary expenses. In March 2010 the Crown Prosecution Service (CPS) announced that having considered the case carefully it had concluded that there was insufficient … Continue reading Crown Prosecution Service (Decision Notice): ICO 23 Feb 2011
Where a defendant holding a weapon did not himself enter the property, the proper charge is burglary and not aggravated burglary. The weapon must be carried by the offender at time of effecting entry to be committing aggravated burglary; having left it outside is not enough. Citations: Gazette 08-Jan-1998, Times 17-Dec-1997, [1997] EWCA Crim 3072 … Continue reading Regina v Klass: CACD 27 Nov 1997
New sentencing guidelines and standards were given for cases of theft by an employee or in breach of trust. There should be a reduction to account for inflation. 21 months for theft of 17,500 after a not guilty trial is the new benchmark. Citations: Gazette 10-Jun-1998 Statutes: Theft Act 1968 1 Jurisdiction: England and Wales … Continue reading Regina v Clark: CACD 10 Jun 1998
The procuring of the signing of a valuable security when intending to treat the document as one’s own can amount to theft.Lord Justice Auld said: ‘In our view section 6 (1), which is expressed in general terms, is not limited in its application to the illustrations given by Lord Lane CJ in Lloyd. Nor in … Continue reading Regina v Fernandez: CACD 22 May 1995
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
Four appeals and one renewed application for leave to appeal against sentence have been listed together to enable the Court to consider the proposal of the Sentencing Advisory Panel, in their advice to this Court in March 2001, that sentencing guidelines should be framed in relation to offences of handling dishonestly obtained goods, contrary to … Continue reading Webbe and Others, Regina v: CACD 2 May 2001
The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but … Continue reading Williams v Dyfed and Powys Police: CA 22 Nov 2010
The offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving … Continue reading Williams, Regina v: CACD 2 Nov 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
The defendants had been acquitted on the direction of the judge at trial, and the AG now appealed on a point of law, namely: ‘Whether on (a) a charge under section 3 of the Forgery and Counterfeiting Act 1981 and (b) a charge under section 17(1)(b) of the Theft Act 1968, where the accused has … Continue reading In re G and S: CACD 11 Jul 2002
The defendant was accused of burglary. He had followed a woman from a public house, entered her bedroom via a ladder and had sex with her. She thought he was her boyfriend. He denied entry as a trespasser with intent to rape, saying she had invited him in as he was about to enter the … Continue reading Regina v Collins: CACD 5 May 1972
K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992
The defendant appealed her conviction for theft. She had involved herself in the sale of an elderly relatives house and arranged for a new house to be bought in her and another name. Held: Hilton was to be distinguished. There, the defendant had carried out a clear act of misappropriation. Here the owner had been … Continue reading Regina v Briggs (Joan): CACD 12 Dec 2003
The defendants appealed against convictions for conspiracy to defraud. The three were bank employees including the chairman, and between them managed to take money from the bank by different forms of malpractice. The defendants denied dishonesty, saying that the acts identified were recklessness rather than dishonesty. Held: The indictment alleging ‘divers false and fraudulent devise’ … Continue reading Regina v Landy; Regina v White etc: CACD 1982
The defendant had been refused a loan by his employers. He took the money anyway from the till and repaid it. On discovery he was charged with theft. He denied that he had been dishonest. He had always intended to repay it and had done so. He appealed from a direction from the judge that … Continue reading Regina v McIvor: CA 1982
Meaning of dishonesty under the 1968 Act. Citations: [1976] 1 All ER 1, [1975] 1 WLR 1353 Statutes: Theft Act 1968 Jurisdiction: England and Wales Cited by: Explained – Regina v McIvor CA 1982 The defendant had been refused a loan by his employers. He took the money anyway from the till and repaid it. … Continue reading Regina v Greenstein; Regina v Green: CACD 1975
The defendant had reconnected his electricity meter after it had been disconnected by the supply company for non-payment of bills. Held: The defendant’s beliefs as to his honesty were crucial to the decision whether he was honest or not. Citations: [1978] 2 All ER 1061 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: … Continue reading Boggeln v Williams: 1978
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
Having been arrested for theft, and found in possession of an imitation firearm, but later being acquitted of theft, the defendant argued he could not be convicted of possessing the firearm if no specified offence was committed. Held: The words of the Act are clear, and required either the commission of an offence or possession … Continue reading Regina v Nelson: CACD 2 Mar 2000
False information which was provided in a Housing Benefit application form would be used in accounting and constitutes false accounting. Citations: Times 26-Nov-1997, 162 JP 120, 30 HLR 853, [1998] Crim LR 216 Statutes: Theft Act 1968 817 Cited by: Cited – Regina v Lancaster CACD 2-Mar-2010 Whether Ommission Significant on Benefits Claim The defendant … Continue reading Osinuga v Director of Public Prosecutions: QBD 26 Nov 1997
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed the document. He was charged with dishonestly attempting to obtain … Continue reading Regina v Halai: CACD 15 Jul 1982
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy. Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) was, prior to the 18 December 1996, in … Continue reading Regina v Cooke: CACD 24 Jan 1997
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
No Liability Extension on Taking Without Consent Appeal by leave of the Court of Appeal on a point of law arising in the course of the trial of the appellant for aggravated vehicle taking, contrary to section 12A of the Theft Act 1968. The defendant had taken a vehicle without the owner’s consent, was over … Continue reading Taylor, Regina v: SC 3 Feb 2016
In the course of a theft, the defendant had held his fingers in his pocket so as to suggest that he had a gun. He appealed conviction for possessing an imitation firearm. Held: ‘Rules of statutory construction have a valuable role when the meaning of a statutory provision is doubtful, but none where, as here, … Continue reading Bentham, Regina v: HL 10 Mar 2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of attempting the impossible, since the goods were no longer stolen, having returned to … Continue reading Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of the power limited the power of seizure and removal to things ‘which … Continue reading Regina v Inland Revenue Commissioners ex parte Rossminster Ltd: HL 13 Dec 1979
Short term possession of stun gun The appellant challenged the decision of the justices finding him guilty on summary conviction of an offence of possession of a weapon designed or adapted for the discharge of electrical current for incapacitation contrary to s. 5(1)(b) and Schedule 6 of the Firearms Act 1968. The weapon, namely a … Continue reading Jenkins v Director of Public Prosecutions and Another: Admn 22 May 2020
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
Honest and Reasonable mistake – No Bigamy The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief. Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably believes she is dead. ‘At common law an … Continue reading Regina v Tolson: CCR 11 May 1889
In relation to a charge of theft where the issue of dishonesty is raised, the issue must be left to the jury. Dishonesty is not a matter of law, but a jury question of fact and standards. Except to the limited extent that section 2 of the Theft Act 1968 requires otherwise, judges do not, … Continue reading Regina v Feely: CACD 1973
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010
The defendant surgeon was said to have made false claims for payment for operations, and was charged under the 1968 Act. He claimed to have been entitled to the sums claimed, and denied that he had been dishonest. The court considered the meaning of dishonesty. Held: His appeal failed. Dishonesty is a state of the … Continue reading Regina v Ghosh: CACD 5 Apr 1982
The appellant had placed a bet at a betting shop on a certain horse. A horse with a similar name won, but by mistake the shop paid out on the bet. The appellant knew of the mistake, but refused to return the winnings. He now appealed against his conviction for theft. He said that the … Continue reading Regina v Gilks: CACD 27 Jun 1972
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence suggested that a disclosure of her complaint may cause X further damage. … Continue reading In re A (A Child): SC 12 Dec 2012
An overdraft facility was property which could be the subject of a charge of theft. In the context of the presentation of a cheque, improperly presented to a bank but which the bank pays, it was a theft of a chose in action by the person who . .
The defendants appealed against sentences imposed for domestic burglaries.
Held: The court should properly allow for the effect of the burglary on the particular victim. Fuller guidance was awaited from the Sentencing Guidelines Council, but . .
The defendants appealed against their sentences for domestic burglary. The court took the opportunity to provide new guideline sentences for standard domestic burglaries.
Held: The sentencing advisory panel had issued new guidance, supported . .
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
The three defendants had been charged with attempting to take a motor bus without authority. They had gone to a bus garage late at night and attempted to start the engine of a bus without success. The trial judge directed the jury as follows, . .
The appellants complained that the recovery order made against them in part under the transitional provisions were unlawful. They had claimed benefits as single people but were married to each other and for a house not occupied. The difficulty was . .
The House was asked as to the dishonest use of a cheque card. The appellant defendant was charged and convicted on two counts of obtaining a pecuniary advantage by deception, contrary to section 16 of the 1968 Act. The Court of Appeal (Criminal . .
Kelly was an artist allowed to draw anatomical specimens at the hospital, and Lindsay was a technician. They removed body parts from the hospital, and now appealed their convictions for theft.
Held: There is an exception to the traditional . .
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to . .
