The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically.
Held: The judge was correct. Counsel was wrong to concentrate on the mens rea at the time when the forms were completed. At issue also was the time when the forms were submitted for payment. The second complaint was at to the abence of a Ghosh direction. The judge explicitly said that, if the appellant acted as she did because she was careless or under stress, she would be not guilty. A Ghosh direction was unnecessary.
Judges:
Lord Justice May Mr Justice Roderick Evans And His Honour Judge Jeremy Roberts Q.C.
Citations:
[2003] EWCA Crim 3031
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Regina v Moloney HL 21-Mar-1984
The defendant appealed against his conviction for murder.
Held: The appeal was allowed and a conviction for manslaughter substituted.
Lord Bridge of Harwich discussed the case of Hyam: ‘But looking on their facts at the decided cases . .
Cited – Regina v Hancock and Shankland HL 27-Feb-1985
Two miners on strike had pushed a concrete block from a bridge onto a three-lane highway on which a miner was being taken to work by taxi. The concrete block hit the taxi and killed the driver. The defendants were charged with murder. They said they . .
Cited – Regina v Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Cited – Regina v Ghosh CACD 5-Apr-1982
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 June 2022; Ref: scu.187597