The defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The prosecution appealed.
Held: There was no such requirement. In this case also the defendants had been seeking more than their entitlement. The appeal succeeded.
Judges:
Lord Justice Kennedy, Mr Justice Curtis and Mr Justice Pitchford
Citations:
Times 07-Aug-2002, Gazette 26-Sep-2002
Statutes:
Forgery and Counterfeiting Act 1981 3, Theft Act 1968 17(1)(b), Criminal Justice Act 1972 36
Jurisdiction:
England and Wales
Crime
Updated: 05 May 2022; Ref: scu.174702