The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction.
Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under the Larceny Act 1916 or section 15 of the Theft Act 1968. The authority for this proposition is to be found in Harden 46 Cr App R 90, a decision of the Court of Criminal Appeal in which the Court was presided over by Lord Parker CJ and which has been followed and applied in Tirado 59 Cr App R 80. Although both Lord Reid and Lord Diplock have on occasion and by way of obiter dicta expressed reservations about the correctness of that decision, ranged against them are the opinions of Viscount Dilhorne, Lord Parker CJ and Lord Widgery CJ. In any event if this Court were minded to query the decision, it cannot do so and it is binding upon this Court.’
Citations:
(1980) 71 Cr App R 241
Statutes:
Jurisdiction:
England and Wales
Citing:
Followed – Regina v Harden 1962
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the . .
Cited – Regina v Tirado 1974
. .
Cited by:
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Applied – Regina v Thompson 1984
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 November 2022; Ref: scu.196563
