If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night. Constables were described as ministers of the King. Citations: (1611) 9 Co Rep 65 … Continue reading Mackalley’s case: 1611
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
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
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 ship owners had not been paid two months of charter hire due to them, so the master took the cargo. The cargo did not belong to the defaulting charterer, however, but rather to an innocent third party. The insurance clause provided that ‘it is . .
The maker of a statement need not be the person who creates a statement. It may be the person on whose behalf the statements are asserted as true is the maker. Here a police report based on the defendant’s false statements as to the date of a . .
Renewed application for leave to appeal from convictions of three counts of aggravated burglary, contrary to section 10 of the Theft Act (count 1), wounding with intent to do grievous bodily harm, contrary to section 18 of the Offences Against the . .
On a charge of assisting in the disposal of stolen goods for the benefit of another, that other cannot be someone co-accused on the same charge. As a matter of plain language that other person must himself be a third party to the charge. . .
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 against her conviction for deception. A retailer had been deceived by her use of a bank card. Held: The appeal failed. In offering a cheque supported by the card, she was to be taken to be making a represention to the shopkeeper that she was authorised by the bank to draw the … Continue reading Regina v Kovacs: CACD 1974
The defendant had been requested by her credit card company to return her credit card and not to use it. She used it again before returning it. She was convicted of obtaining a pecuniary advantage by deception from the store, but her appeal was allowed at the Court of Appeal. Held: The conviction was restored. … Continue reading Regina v Lambie: HL 25 Jun 1981
The defendant ordered a meal at a restaurant believing his companion would lend him the money to pay. He later decided to seek to avoid payment and took a opportunity to escape.
Held: The appeal was allowed and the conviction restored. The . .
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 . .
The obtaining of a self employed post as an accountant by deceit constituted the obtaining of a pecuniary advantage. . .
Several people had lost large sums of mony by a fraud. The defendant had approached them offering his services as a private investigator to seek to recover their money. He pleaded guilty to one allegation of deception after an indication from the . .
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
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
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence involved having misused the passwords of others, which was the deception of a machine. Held: Davies … Continue reading Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004
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 worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of property belonging to another had taken place. Held: An appropriation … Continue reading Director of Public Prosecutions v Gomez: HL 3 Dec 1992
A woman befriending an older man of limited intelligence accepted daily cash payments from his building society over eight months, claiming them to be gifts. She now appealed against her conviction for theft. Held: (Lord Hutton dissenting) For the purposes of the Theft Acts the acceptance of a gift can constitute ‘appropriation.’ The word is … Continue reading Regina v Hinks: HL 27 Oct 2000
Judges: Pitchford LJ, Sweeney J and HHJ Bourne-Arton Citations:  EWCA Crim 829 Statutes: Theft Act 1968 Jurisdiction: England and Wales Citing: Cited – Hughes, Regina v SC 31-Jul-2013 Uninsured Driver Not Guilty of Causing DeathThe appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver … Continue reading Taylor, Regina v: CACD 9 Apr 2014
Lord Lane CJ said: ‘the court should not be astute to find that a theft has taken place where it would be straining the language so to hold, or where the ordinary person would not regard the defendant’s acts, though possibly morally reprehensible, as theft.’ Judges: Lord Lane CJ Citations:  1 WLR 578,  … Continue reading Dip Kaur v Chief Constable of Hampshire: 10 Oct 1981
The House considered a claim for public interest immunity. Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that courts should have the fullest possible access to all relevant material . . but once the … Continue reading Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972
Damage caused after the taking of a car need not be at the fault of the driver defendant for the offence of aggravated vehicle taking to have been committed by him. The sole requirement of the subsection was that the driving of the vehicle should have been the cause of the accident.It was not legitimate … Continue reading Regina v Marsh: CACD 19 Jul 1996
The plaintiff film companies accused the defendants of pirating their films. They obtained Anton Piller orders which required the defendants to permit the plaintiffs to enter their premises to inspect and remove any unauthorised films, and three defendants were to disclose: (a) cassette supplier and customer details; (b) invoices; and (c) the whereabouts of pirate … Continue reading Rank Film Distributors v Video Information Centre: CA 1980
Two men were charged with theft from a company which they wholly owned and controlled. The court considered the actions of company directors in dishonestly appropriating the property of the company, and whether since the title to the goods was transferred, the goods had remained the property of the company. Held: The actions of the … Continue reading Attorney-General’s Reference (No. 2 of 1982): CACD 1984
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
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980
Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so received would be used until the credit card limit had been reached. Fingerprint and handwriting evidence revealed the links … Continue reading Regina v McKechnie: CACD 2002
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
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,  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
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
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
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
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 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
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
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
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
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had documents which he said would support his claim. The second defendant sought to argue public interest … Continue reading Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011
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
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
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
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
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012
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
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief. Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction was originally drawn between conspiracies to ‘cheat’ and conspiracies to ‘defraud … Continue reading Director of Public Prosecution v Withers: HL 20 Nov 1974
NoControl, No Appropriation The defendant appealed her conviction for theft of 50,000 pounds which she was overpaid after she had submitted false claims for overtime. Held: She had not appropriated the money as required by the Act. She had had no control over the making of payments or the account from which payments were made, … Continue reading Darroux v Regina: CACD 4 May 2018
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979
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
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
The defendant appealed against his conviction for misconduct in public office. As a police officer he had used an official credit card to pay for personal items. He said that he believed this was allowed where he intended to discharge the debt. He said that the judge should have left the issue of whether his … Continue reading Regina v W: CACD 2 Mar 2010
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 . .
Appeal from conviction and sentence – theft from children’s charity – failure to pay in funds collected.
Held: ‘At common law and by statute when a person who collects money for a charity is subject to an obligation to account for money by . .
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 appellant pleaded guilty to six offences of furnishing false information, contrary to the Theft Act 1968. She was committed to the Crown Court for sentence under the 2002 Act, with a view to a confiscation order being considered. She had made . .
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 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 . .
There was no privilege against self incrimination in a civil action for a fanciful fear of criminal charges. . .
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 . .
A cheque drawn on funds which the defendant knew to have been mistakenly credited were not stolen when the cheque was drawn and sent to Scotland but on the presentation of the cheque to his bankers in England. . .
An offence of deception of a company must include the deception of at least one authorised signatory. In this case a cheque was obtained by deception. . .
On a re-trial, it remains open to the judge to amend the indictment. Nothing in the Act takes away his powers to do so within the confines set out by the Act. Here a conspiracy charge had been replaced by separate charges of theft. The judge . .
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 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 . .
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 . .
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.
The defendant appealed against his conviction on a charge of: ‘obtaining property by deception contrary to Section 15(1) of the Theft Act 1968 for that you on the 24th February 1971, in the County of Warwick dishonestly obtained from William Arthur . .
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 . .
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 . .