The defendant was convicted of an offence to which section 15 of the Theft Act did not apply. It involved a deception of the auditors of BCCI in concealing a number of substantial loans made to a group of companies run by the defendant. Buxton J had considered that Rees was confined to its own facts and to an offence under section 15 of the Theft Act. He held that the phrase ‘if he obtains’ in section 71(4) of the 1988 Act imports an obtaining by the defendant himself.
Judges:
Lord Justice Simon Brown Lord Justice Robert Walker And Lord Justice Keene
Citations:
[2001] EWCA Civ 368
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clifford R Norris, Re; In the Matter of an Application By Teresa W Norris CA 27-Jan-2000
After a drugs trial, the commissioners sought a confiscation order against the defendant’s assets. The defendant’s wife argued that the house was in reality hers. The trial judge found against her. In later proceedings enforce the order, the wife . .
Cited by:
Distinguished – Regina v McKechnie CACD 2002
Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so . .
Cited – Olubitan v Regina CACD 7-Nov-2003
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in . .
Cited – In re Norris, Application by Norris HL 28-Jun-2001
The applicant’s husband had been made the subject of a drugs confiscation order. Part of this was an order against the house. She had failed in asserting that the house was hers. Her appeal to a civil court had been disallowed as an abuse. It was . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 23 May 2022; Ref: scu.135533