The defendant was convicted of theft. It was suggested that he might have been guilty of obtaining by deception. The court considered it ‘a purely technical question whether at the end of the day the proper offence is one of theft or obtaining by deception’ and concluded that even if the point was a good one there could have been no miscarriage of justice. It accordingly applied the proviso.
Citations:
(1977) 64 Cr App R 92
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 April 2022; Ref: scu.183244