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Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

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

Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

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

Regina v Dawson, Dawson: CACD 14 Jul 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

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 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

Regina v Rozeik: CACD 15 Nov 1995

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. Citations: Gazette 15-Nov-1995, Times 30-Oct-1995, Ind Summary 16-Oct-1995 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.87654

Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999

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 retained his powers under the Indictments Act, and this … Continue reading Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999

Browbank v Director of Public Prosecutions: Admn 24 Feb 2003

Appeal by case stated against conviction for theft. Operating a cash register, he had been accused of making fraudulent refunds. Held: The evidence had been sufficient to support the conviction. Judges: McCombe J Citations: [2003] EWHC 375 (Admin) Links: Bailii Statutes: Theft Act 1968 1 7 Jurisdiction: England and Wales Crime Updated: 27 August 2022; … Continue reading Browbank v Director of Public Prosecutions: Admn 24 Feb 2003

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

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

Wheatley and Another v The Commissioner of Police of the British Virgin Islands: PC 4 May 2006

(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. Judges: Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Carswell, Lord Mance Citations: [2006] UKPC 24 Links: Bailii Citing: Cited – Nutton v Wilson 1889 … Continue reading Wheatley and Another v The Commissioner of Police of the British Virgin Islands: PC 4 May 2006

Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004

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

Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001

Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected common law the effect could be retrospective, since … Continue reading Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001

Regina on the Application of A and Snaresbrook Crown Court: Admn 14 Jun 2001

A company director can be convicted of theft from his company even though the act might technically be the act of the company. Here company directors had paid bribes to people with whom the company intended to do business. The bribes were paid out of company funds and with the intention of benefiting the company. … Continue reading Regina on the Application of A and Snaresbrook Crown Court: Admn 14 Jun 2001

Regina v Kansal: CACD 24 Jun 1992

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

Taylor, Regina v: CACD 9 Apr 2014

Judges: Pitchford LJ, Sweeney J and HHJ Bourne-Arton Citations: [2014] 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

Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): CACD 1995

The electronic transfer of funds moves no identifiable property capable of being the subject of a charge of obtaining property by deception. Citations: [1995] Crim L R 564 Statutes: Theft Act 1968 15(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996 … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): CACD 1995

Lonrho Plc v Fayed and Others (No 4 ): CA 27 Oct 1993

Public interest immunity does not attach to documents in the hands of a taxpayer and his advisers. They are not in any event discloseable. (Bingham) ‘a claim made by the revenue to withhold documents relating to a taxpayer’s tax affairs from production without his consent is properly to be regarded as a claim for public … Continue reading Lonrho Plc v Fayed and Others (No 4 ): CA 27 Oct 1993

Attorney-General’s Reference (No. 2 of 1982): CACD 1984

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

Attorney-General’s Reference (No 1 of 1985): CACD 1986

An employee had made a secret profit by selling his own goods on his employer’s premises, thereby breaking the terms of his contract of employment. Held: The moneys the employee received from his private customers were not received on account of his employer within the meaning of section 5(4), that the profits made by the … Continue reading Attorney-General’s Reference (No 1 of 1985): CACD 1986

Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence of a widespread fraud and that the documents were crucial to their investigations and that the investigation … Continue reading Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

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

Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995

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

Regina v Khan (Attorney-General’s Reference No 7 of 2000); Same v Saunders (AG Ref 10 of 2000); Same v Paul (AG Ref 9 of 2000); Same v Wakelin (AG Ref 8 of 2000): CACD 15 Jun 2000

Robbery committed on public transport, against young persons, will lead to a custodial sentence, save in wholly exceptional circumstances. There is a need to provide deterrence, for what has become a common crime. Sentences of between twelve and eighteen months were imposed. Citations: Times 15-Jun-2000 Statutes: Theft Act 1968 Jurisdiction: England and Wales Cited by: … Continue reading Regina v Khan (Attorney-General’s Reference No 7 of 2000); Same v Saunders (AG Ref 10 of 2000); Same v Paul (AG Ref 9 of 2000); Same v Wakelin (AG Ref 8 of 2000): CACD 15 Jun 2000

R v Director of Public Prosecutions; B v Director of Public Prosecutions: QBD 5 Mar 2007

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

Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

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

British Road Services Ltd v Arthur V Crutchley and Co Ltd (No 1): CA 1968

There was a theft from a warehouse of a valuable lorry load of high value, namely, whisky. It was held on appeal that the defendants’ system of protection was not adequate in relation to the special risks involved and the value of the chattel bailed, and that even though they had contracted with competent third … Continue reading British Road Services Ltd v Arthur V Crutchley and Co Ltd (No 1): CA 1968

Hely-Hutchinson v Brayhead Ltd: 1968

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

Howard Smith Limited v Ampol Petroleum Limited: PC 14 Feb 1974

(New South Wales) The court considered the use by directors of their fiduciary power of allotment of shares for a different purpose than that for which it was granted, and so as to dilute the voting power of the majority shareholding of issued shares. Lord Wilberforce said: ‘Having ascertained, on a fair view, the nature … Continue reading Howard Smith Limited v Ampol Petroleum Limited: PC 14 Feb 1974

Regina v Bonner and Others: CACD 24 Feb 1970

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

Al Rawi and Others v The Security Service and Others: CA 4 May 2010

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

Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

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

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

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

Director of Public Prosecution v Withers: HL 20 Nov 1974

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

Conway v Rimmer: HL 28 Feb 1968

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

Duncan v Cammell, Laird and Company Limited (Discovery): HL 27 Apr 1942

Relatives of deceased seamen claimed damages against the defendants after their husbands were lost a sea in a submarine built by the defendants. The Ministry of Defence instructed the defendants not to disclose any details of the boat’s construction, on the ground that it would be contrary to the public interest to produce them. Held: … Continue reading Duncan v Cammell, Laird and Company Limited (Discovery): HL 27 Apr 1942

Acts

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

Havell, Regina v: CACD 10 Mar 2006

The defendants appealed their sentences after findings of guilt for blackmail, arising from their activities as wheel clampers. The judge said that blackmail is an ugly, serious offence. Both of the appellants knew full well what they were doing. He described how they dealt with motorists in an arrogant, bullying and abhorrent manner. Held: The … Continue reading Havell, Regina v: CACD 10 Mar 2006

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Governor of Pentonville Prison ex parte Khubchandani: QBD 1980

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

Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006

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

Love and Another, Regina v: CACD 13 Feb 2013

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

Director of Public Prosecutions v Parker: Admn 12 May 2006

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

Regina v Duffas: CA 11 Oct 1993

A previous conviction involving dishonesty was not evidence that an act of receiving by a defendant was dishonest on this occasion. Citations: Times 19-Oct-1993, Ind Summary 11-Oct-1993 Statutes: Theft Act 1968 27(3)(b) Jurisdiction: England and Wales Evidence, Crime Updated: 26 October 2022; Ref: scu.86585

Regina v Williams (Jacqueline) and Crick: CACD 30 Jul 1993

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

Regina v Klineberg; Regina v Marsden: CACD 19 Nov 1998

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

Director of Public Prosecutions v Uddin: Admn 8 Jun 2006

Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving. Citations: [2006] EWHC 1523 (Admin) Links: Bailii Statutes: Theft Act 1968 12(1) Jurisdiction: England and Wales Citing: Cited – Bracegirdle v Oxley and Cobley 1947 The facts proved … Continue reading Director of Public Prosecutions v Uddin: Admn 8 Jun 2006

Crown Prosecution Service (Decision Notice): ICO 23 Feb 2011

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

Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983

The defendants had been accused of theft. One switched labels on a joint of pork in a supermarket, and the other presented the meat with the now cheaper label for purchase. Held: The appeals were dismissed. There can be no conviction for theft unless all four elements contained in section 1(1) are proved; (b) for … Continue reading Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983

Regina v Sampson and Sampson: CACD 3 Apr 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

Regina v Klass: CACD 27 Nov 1997

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

Regina v Sui Soi Ngan: CACD 11 Jul 1997

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. Citations: Times 24-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Crim 1816 Statutes: Theft Act 1968 3 Jurisdiction: England and … Continue reading Regina v Sui Soi Ngan: CACD 11 Jul 1997

Regina v Clark: CACD 10 Jun 1998

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

Brewster, Regina v: CACD 27 Jun 1997

The court reviewed sentencing levels for domestic burglary. Such cases must always be very serious, but individual cases varied almost infinitely. After a trial an adult defendant could expect a sentence of three years’ imprisonment for burglary of an unoccupied dwelling.Six appeals against sentence following pleas of guilty to offences of domestic burglary. Citations: Times … Continue reading Brewster, Regina v: CACD 27 Jun 1997

Williams v Dyfed and Powys Police: CA 22 Nov 2010

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