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
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
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
There is a clear distinction between the appropriation which is an element of theft, and the obtaining in an offence of deception. In this case the defendant had over-billed for worked, and was accused of theft in respect of the presentation of the cheques given in payment of his bills. The case of Preddy did … Continue reading Regina v Williams (Roy): CACD 25 Oct 2000
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 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 expressions ‘constructive trust’ and ‘constructive trustee’ are ‘nothing more than a formula for equitable relief. It is the actual control of assets belonging beneficially to a company which causes the law to treat directors as analogous to . .
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The defendant had been charged under s 8(1) and s 25(1) of the 1968 Act with robbery and going equipped for stealing. A robbery had been committed and the accused were later found in possession of articles fit for use in a robbery. Held: Browne J said: ‘In our view, to establish an offence under … Continue reading Regina v Ellames: CACD 1974
Selling counterfeit goods may also be offence under section 25 of the Theft Act 1968. Citations: Ind Summary 07-Feb-1994 Statutes: Theft Act 1968 25 Crime, Intellectual Property Updated: 09 April 2022; Ref: scu.85836
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 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
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 appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
The prosecutor appealed the acquittal of the defendant on a charge of allowing himself to be carried in a vehicle taken without the owner’s consent. The driver had been convicted on his own admission, and the prosecutor had presented only the certificate of conviction. Held: The memorandum of conviction went beyond being only evidence that … Continue reading Director of Public Prosecutions v Parker: Admn 12 May 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 appellant and his wife appliied for loans to buy residential properties to be let to obtain a rental income covering most of the mortgage payments. The properties were later sold to take advantages of increases in value. A sum of andpound;1.5 million was made by the two defendants. The building societies would not make … Continue reading Regina v O’Connell: CACD 1992
The appellant obtained loans enabling him to buy cars by giving false information when entering into hire purchase agreements. The relevant agreement did not contain all the prescribed information and was improperly executed so that by virtue of section 65 it was only enforceable on the order of the court. The appellant had been convicted … Continue reading Regina v Modupe: CACD 1991
A charity collector must hand over what he has collected to the Charity (Lewis v Lethbride distinguished). Citations: Ind Summary 01-Nov-1993 Statutes: Theft Act 1968 5(3) Jurisdiction: England and Wales Charity, Crime Updated: 25 October 2022; Ref: scu.88233
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
When money had been received on a trust to send to a stakeholder but was misappropriated, the money still belonged to the payer, and a prosecution for theft was correct. This was different from cases where money was spent for the purposes stated. Citations: Times 19-Nov-1998 Statutes: Theft Act 1968 5(3) Jurisdiction: England and Wales … Continue reading Regina v Klineberg; Regina v Marsden: CACD 19 Nov 1998
The Court asserted the need for a simplification of the law of Theft. The law still required consideration of arcane terms such as choses in action. Citations: Ind Summary 13-Jun-1994, Times 27-May-1994 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.86796
The obtaining of a self employed post as an accountant by deceit constituted the obtaining of a pecuniary advantage. Citations: Gazette 03-Jun-1992 Statutes: Theft Act 1968 16(1) Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.86269
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 burglary were admitted as evidence in a case … Continue reading Regina v Derodara: CACD 16 Jul 1999
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
Before arraignment, the judge had heard submissions of law on admitted facts. The judge ruled that if those admitted facts were proved or admitted in the forthcoming trial they would amount to an admission or conclusive evidence of the accused’s commission of the charged offence. The accused, on the advice of his counsel and in … Continue reading Regina v Vickers: CACD 1975
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
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
The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997
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
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. Citations: Times 21-May-1999, Gazette 12-May-1999, [1999] EWCA Crim 1025 Links: Bailii … Continue reading Regina v Gingell: CACD 16 Apr 1999
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 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
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
Appeal by case stated from conviction for dishonestly receiving stolen goods. Citations: [1997] EWHC Admin 34 Links: Bailii Statutes: Theft Act 1968 22(1) Crime Updated: 25 May 2022; Ref: scu.136979
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
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: [1981] 1 WLR 578, [1981] … Continue reading Dip Kaur v Chief Constable of Hampshire: 10 Oct 1981
The defendant appealed his conviction for aggravated burglary, saying that the force used had been only after the theft. Held: The events were one continuing act. The court should aks ‘whether force used after the theft was complete could be seen as immediately before or at the time. The court said it was a continuing … Continue reading Regina v Hale: CACD 1978
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
The plaintiff gave the defendant a cheque for andpound;40,000 with which to buy a house for P. D applied the money to his own purposes, and P claimed. The defendants were required to swear affidavits setting out full details of the whereabouts of money which the plaintiff alleged had been stolen from him. D sought … Continue reading Khan v Khan: CA 1982
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
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
US Treasury social security orders were stolen in the USA, and brought to London, where they were endorsed at a bank for payment in the USA. Held: On those facts the ‘acceptance’ of the bills could only have taken place in the USA, and therefore there was no jurisdiction to try charges of execution of … Continue reading Regina v Nanayakkara: CACD 1987
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 trial judge had held that a telex message requesting payment of andpound;960,000 had been ‘executed’ because it had been put into effect. Held: A valuable security was not executed when the drawer’s bank acted upon the cheque, or request for payment. There was required to be an act with respect to the face of … Continue reading Regina v Kassim: HL 19 Jul 1991
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
A court might consider three questions in determining whether there has been an execution of a valuable security within the meaning of those terms in the provisions of section 20(3) of the Theft Act 1968: ‘The first is to identify what the document does. The second, in the light of that, is to ask whether … Continue reading Regina v King: 1992
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
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 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
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
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 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 defendants appealed by case stated their convictions by the youth court for robbery, saying that the victim had not said they had felt threatened or put in fear. Held: Whether an act constituted robbery was decided according to the intention of the perpetrator and not the fortitude or otherwise of the victim. Smith LJ, … Continue reading R v Director of Public Prosecutions; B v Director of Public Prosecutions: QBD 5 Mar 2007
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 defendant, a taxi driver, had without objection on the part of an Italian student asked for a fare of andpound;6 for a journey for which the correct lawful fare was 10s 6d. The taxi driver was convicted of theft. On appeal the main contention was that the student had consented to pay the fare. … Continue reading Lawrence v Metropolitan Police Commissioner: HL 30 Jun 1971
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
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court as closed material, not to be seen by the claimants. Held: The court could make such … Continue reading Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009
The appellants challenged their convictions for theft, saying that as partners in a firm they could not be convicted of theft of partnership property. Held: The appeals were allowed for the unsatisfactory and unsafe nature of the convictions on the particular evidence. However, the 1861 Act having not been repealed, and that: ‘the object of … Continue reading Regina v Bonner and Others: CACD 24 Feb 1970
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
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
‘Appeal by the appellant, now aged 25, against the sentence imposed on him . . of 32 months’ imprisonment following his earlier guilty plea to a single count of burglary of a dwelling house, contrary to section 9(1)(b) of the Theft Act 1968.’ [2021] EWCA Crim 1247 Bailii England and Wales Criminal Sentencing Updated: 02 … Continue reading Simpson, Regina v: CACD 5 Aug 2021
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
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
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 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
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
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 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 . .
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 . .
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 . .
Though a cheque is a valuable security within the section, a telegraphic transfer of funds is not. . .
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 . .
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 . .
References: [1981] 1 WLR 578, [1981] 2 All ER 430, [1981] Crim LR 259, (1981) 72 Cr App R 359, (1981) 145 JP 313 Coram: Lord Lane CJ 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 … Continue reading Dip Kaur v Chief Constable of Hampshire; 10 Oct 1981
