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
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
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
An aggravated vehicle taking indictment must specify which offence is being prosecuted. Citations: Times 21-Oct-1994, Gazette 11-Jan-1995, Ind Summary 21-Nov-1994 Statutes: Theft Act 1968 12A(2)(b) Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.86261
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
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
Lord Lane LCJ said: ‘Bearing in mind the observation of Edmund Davis LJ in Warner (1970) 55 CAR 93, we would try to interpret the section in such a way as to ensure that nothing is construed as an intention permanently to deprive which would not prior to the 1968 Act have been so construed. … Continue reading Lloyd and Another, Regina v: CACD 23 Apr 1985
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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 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
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
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
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
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
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
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 defendant, presented himself as a contractor, and was instructed to collect and deliver consignments of goods from three different places. Having collected the goods he made off with them. He faced one count of theft in respect of the three consignments. He appealed his conviction. Held: There had been no appropriation until the last … Continue reading Regina v Skipp: CACD 1975
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
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
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 appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England. Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried under English law for an offence committed on land abroad, unless there is a … Continue reading Regina v Thompson: 1984
Stolen travellers’ cheques were cashed in France and then presented through normal banking channels to a bank in England. The first and main ground of appeal was that no offence had been thereby committed within the jurisdiction of the Crown Court, because the ‘execution’ of the valuable security, by its ‘acceptance’, had taken place in … Continue reading Regina v Beck: CACD 1984
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
The citation of previous conviction is to be limited to the substance and effect, excluding only the formal parts. Citations: Gazette 08-Feb-1995, Independent 22-Nov-1994, Times 21-Nov-1994 Statutes: Theft Act 1968 27(3)(b), Police and Criminal Evidence Act 1984 73(2) Criminal Practice Updated: 09 April 2022; Ref: scu.86789
The Judge is to direct the jury on whether money is held under an obligation for the purposes of the Theft Act. Money held specifically for one purpose is to be used for that purpose. Citations: Gazette 01-Jun-1994, Times 13-May-1994 Statutes: Theft Act 1968 5(3) Crime, Armed Forces Updated: 09 April 2022; Ref: scu.86583
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
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
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
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 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
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
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
(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
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 defendant appealed against his conviction for taking a motor vehicle without authority. Held: Bridge LJ said: ‘where as here, a conveyance is taken and moved in a way which necessarily involves its use as a conveyance, the taker cannot be heard to say that the taking was not for that use. If he has … Continue reading Regina v Bow: CACD 24 Nov 1976
‘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
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 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
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
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
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
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
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 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 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 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 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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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 . .
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
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
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
Citations: [2003] EWHC 351 (Admin) Links: Bailii Statutes: Theft Act 1968 8 Jurisdiction: England and Wales Crime Updated: 20 November 2022; Ref: scu.184984
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
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
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 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
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 Person Act (count 2) and having a firearm with intent, contrary to section 18 … Continue reading McCotter-Henry, Regina v: CACD 16 Mar 2018
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
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
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
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
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
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
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 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
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 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