Adams v The Queen: PC 4 Nov 1994

(New Zealand) The defendant had been a managing director of Equitcorp. With other directors he was concerned with the company’s investments, and established a series of other companies and banks to hide fraudulent transactions. Equitcorp became insolvent, and he was charged with conspiracy to defraud.
Held: D’s appeal against conviction failed. On a charge of conspiracy to defraud causing economic loss, it was necessary to show prejudice or actual loss to the alleged victim. Since the company was entitled to secret profits made by a director, and the transaction had been designed to hide the assets from the company, the acts impeding the discovery of the transaction could found the conspiracy to defraud allegation, and he was properly convicted. His failure as a company director to disclose information which was lawfully required from him as to his secret profit, could itself amount to a fraud.
References: Ind Summary 09-Jan-1995, Gazette 25-Jan-1995, Times 04-Nov-1994, [1995] 1 WLR 52
Jurisdiction: Commonwealth
This case cites:

  • Cited – Regina v Governor of Pentonville Prison, Ex parte Tarling HL 1978
    The Government of Singapore sought Mr Tarling’s extradition inter alia on two charges of conspiring in Hong Kong to steal shares in a Hong Kong company, the property of a Singapore Company.
    Held: a conspiracy in Hong Kong to steal shares in a . .
    ([1978] 70 Cr App R 77 HL)
  • Cited – Wai Yutsang v The Queen PC 14-Oct-1991
    (Hong Kong) The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy. His defence was that he merely obeyed the . .
    ([1991] 3 WLR 1006, [1992] 1 AC 269, , [1991] UKPC 32)
  • Cited – Scott v Metropolitan Police Commissioner; Regina v Scott HL 20-Nov-1974
    The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners.
    Held: To establish a conspiracy to defraud, it was not . .
    ([1975] AC 819, , [1974] UKHL 4)

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.77648