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Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002

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

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