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
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
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
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 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
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
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
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
A theft of a credit balance was committed when the rights of an owner of the balance were assumed. Citations: Times 18-Apr-1997 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.86860
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
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
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 accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
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
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 defendant, a student, was accused of theft after he obtained a draft of a paper for his forthcoming engineering exam. It was accepted that the paper itself had not been appropriated. The prosecutor appealed dismissal of the case, sayng that he was guilty of the theft of intangible property within section 4. Held: information … Continue reading Oxford v Moss: QBD 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
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
Two defendants worked together to alter the labels on joints of meat in a supermarket, and to present the one with the now reduced price at the till. The appealed convictions for theft saying that since the purchase transferred the property in the meat to them, no appropriation had taken place within the section. Held: … Continue reading Regina v Morris (David): CACD 1983
The court was concerned not to extend the Theft Act to include as thefts activities which many people would not consider to be such: ‘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 … Continue reading Kaur v Chief Constable for Hampshire: CACD 1981
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
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 defendant had reconnected his electricity meter after it had been disconnected by the supply company for non-payment of bills. Held: The defendant’s beliefs as to his honesty were crucial to the decision whether he was honest or not. Citations: [1978] 2 All ER 1061 Statutes: Theft Act 1968 Jurisdiction: England and Wales Crime Updated: … Continue reading Boggeln v Williams: 1978
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
In cases alleging corporate fraud it is necessary to look very carefully at the nature and limits of the authority before considering whether the questioned transaction is in truth a transaction authorised by the company. Citations: (1988) 88 Cr App R 385 Statutes: Theft Act 1968 Jurisdiction: England and Wales Cited by: Cited – Director … Continue reading Regina v McHugh: CACD 1988
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
Appeal from confiscation order, asking ‘What is the correct approach to calculating benefit in a remortgage case in which the defendant acquires property legitimately by means of untainted funds and subsequently obtains a fraudulently-induced loan/remortgage if, by the time of the confiscation hearing, the defendant has (a) repaid the lender or (b) undertaken to repay … Continue reading Reid, Regina v: CACD 13 Mar 2018
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 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
The court considered the use of R v Ghosh when considering whether dishonesty had been established under section 13 of the 1983 Act, saying: ‘It is to be observed that in section 13(1) the first requirement for liability to a penalty is that the taxpayer shall have done, or refrained from doing, something ‘for the … Continue reading Gandhi Tandoori Restaurant v Customs and Excise Commissioners: VDT 1989
Appeal by way of case stated from the decision of the Birmingham Magistrates’ determining that the building in question was a ‘dwelling’ for the purposes of s.9(3)(a) of the 1968 Act. Judges: Gross LJ, Ouseley J Citations: [2017] EWHC 841 (Admin), [2017] WLR(D) 309 Links: Bailii, WLRD Statutes: Theft Act 1968 9(3)(a) Jurisdiction: England and … Continue reading Hudson v Crown Prosecution Service: Admn 28 Apr 2017
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
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 defendants were sole directors and shareholders of their company. They appealed a conviction of theft from the company. Held: The convictions stood. ‘Appropriates’ is to be given its ordinary English meaning, namely, ‘takes as one’s own or to oneself’. (1989) 89 Cr App R 290, Times 06-Apr-1989 Theft Act 1968 England and Wales Citing: … Continue reading Regina v Philippou: CA 1989
The plaintiff sought to claim under his household insurance. He sold some jewelry, accepting a building society cheque which turned out later to be stolen. He argued that his loss was ‘loss or damage caused by theft’ The insurer argued that there was no theft. Held: The buyer had usurped the plaintiff’s rights in the … Continue reading Dobson v General Accident Fire and Life Assurance Corporation Plc: CA 1989
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
Director – no claim for payment without authority A committee of the board of Guinness had authorised payment of remuneration to Mr Ward, who was a director. However, the articles of association did not give authority to a committee of the board (as opposed to the full board) to authorise such a payment. Mr Ward … Continue reading Guinness plc v Saunders: HL 8 Feb 1990
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
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982
Sale of Unexpired Portion of Ticket can be a Theft The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed. Held: The appeals failed. Although the tickets had passed to the possession or control of … Continue reading Marshall, Regina v: CACD 6 Mar 1998
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 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
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
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 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
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 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 . .
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 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 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 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 . .
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 . .
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
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Citations: [2003] EWHC 351 (Admin) Links: Bailii Statutes: Theft Act 1968 8 Jurisdiction: England and Wales Crime Updated: 20 November 2022; Ref: scu.184984
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
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, [1998] 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
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 court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an employed driver in the course of his working day [would] necessarily involve a ‘taking’ … Continue reading McNight v Davies: 1974
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
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
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: [1993] Crim LR 788 Statutes: Theft Act 1968 Jurisdiction: England and Wales Citing: Cited – Regina v Duru CACD 1974 The defendants were accused of involvement in mortgage frauds perpetrated on a local authority. The advances were made by cheque, and the defendants were charged with obtaining the cheques by deception. The principal question … Continue reading Regina v Mitchell: CACD 1993
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
There was no privilege against self incrimination in a civil action for a fanciful fear of criminal charges. Citations: Times 16-Jan-1996, Independent 10-Jan-1996, [1996] 3 All ER 244 Statutes: Theft Act 1968 21(1) Jurisdiction: England and Wales Cited by: Cited – Phillips v Mulcaire SC 24-May-2012 The claimant worked as personal assistant to a well … Continue reading Renworth Ltd v Stephansen and Another: CA 10 Jan 1996
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
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 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
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
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
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
Guidelines for sentencing for theft for breach of trust were updated for inflation and to provide for consecutive sentences for theft. Citations: Gazette 14-Jan-1998, Times 04-Dec-1997 Statutes: Theft Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.86389
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 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
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
